Murray v. Cannon
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. The bill of complaint in this case filed by the appellee, charged that she was the widow of James Cannon, late of Baltimore city, who died intestate in the month of April, 1871, leaving the complainant, his widow, and five surviving children, viz: Florence, an infant daughter of the complainant, and four children by a former marriage, viz : Louisa J., the wife of Win.
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Appeal from the Circuit Court of Baltimore City. The bill of complaint in this case filed by the appellee, charged that she was the widow of James Cannon, late of Baltimore city, who died intestate in the month of April, 1871, leaving the complainant, his widow, and five surviving children, viz: Florence, an infant daughter of the complainant, and four children by a former marriage, viz : Louisa J., the wife of Win. W. Kone, MaryFj., the widow of Oliver P. Murray, James Cannon and Susie Cannon, and a grandson, Louis Arnett; that on the 12th of May, 1871, letters of administration on the…
1Opinion of the CourtBrent, J.
There are two questions presented upon this appeal. The first is the admissibility of the testimony of Kone and wife, who are made defendants by the complainant’s hill; and the second is the gift of certain sums of money, in the Savings’ Bank of Baltimore, by James Cannon in his lifetime, to the appellant, Mary E. Murray.
The bill is filed by the administratrix of James Cannon, and unless Kone and wife are “ nominal parties merely,” they are not competent witnesses under the Act of 1868, ch. 116. They are not excluded upon the ground of interest, and their release dated the 15th of April,…
2Cases cited4 opinions
- Gardner v. MerrittCourt of Appeals of Maryland · 1870
- Carey v. DennisCourt of Appeals of Maryland · 1859
- Pennington v. GittingsCourt of Appeals of Maryland · 1830
- Nickerson v. NickersonCourt of Appeals of Maryland · 1868
3Cited by24 opinions
- Whalen v. MilhollandCourt of Appeals of Maryland · 1899
- Taylor v. HenryCourt of Appeals of Maryland · 1878
- Ragan v. KellyCourt of Appeals of Maryland · 1942
- Union Trust Co. v. HawkinsOhio Supreme Court · 1928
- Holman v. Deseret Savings BankUtah Supreme Court · 1912
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