Townshend v. Townshend
Court of Appeals of Maryland
Appeal from Prince George’s county court. On the 16th May 1846, the appellants offered for probate the following will: “In the name of God, Amen, I, John Townshend, of, &c., being, &c., do make and publish tbis my last will and testament, that is to say : “First, and principally, I commit my soul in the hands of Almighty God, and my body to the earth, to be decently buried on the land I bought of Otlm B. Beall, at the discretion of my executors hereinafter named, and request…
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Appeal from Prince George’s county court. On the 16th May 1846, the appellants offered for probate the following will: “In the name of God, Amen, I, John Townshend, of, &c., being, &c., do make and publish tbis my last will and testament, that is to say : “First, and principally, I commit my soul in the hands of Almighty God, and my body to the earth, to be decently buried on the land I bought of Otlm B. Beall, at the discretion of my executors hereinafter named, and request that no funeral sermon be preached at my burial, but that prayers be read over me by a member of some Protestant…
1Opinion of the CourtMartin, J.
It appears from the record in this case, that at the trial of the cause in the county court, after the jury had been impannelled, the appellees, as the caveators of the will in controversy, claimed the privilege of opening and concluding the argument before the jury. This claim was resisted by the appellants, who maintained, that they were entitled, as the caveatees of the will, to begin and conclude the argument, upon these issues. The court below decided in favor of the position taken by the caveators, and whether they erred in the opinion thus expressed by them, is the question raised for…
2Cases cited2 opinions
- Morse v. CrawfordSupreme Court of Vermont · 1845
- Brooke v. BerryCourt of Appeals of Maryland · 1842
3Cited by51 opinions
- Connecticut Mutual Life Insurance v. LathropSupreme Court of the United States · 1884
- Beaubien v. CicotteMichigan Supreme Court · 1864
- The Berry Will CaseCourt of Appeals of Maryland · 1901
- Watts v. StateCourt of Appeals of Maryland · 1904
- Doyle v. RodyCourt of Appeals of Maryland · 1942
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