Offutt v. Gott
Court of Appeals of Maryland
Appeal from the Orphans’ Court of Montgomery County. On the 1st of November, 1842, the appellants, as the next of kin of Aaron Offutt, deceased, filed their petition in said orphans court, alleging, that they have by their petition filed this day, prayed the court to amend the record in the case of William C. Gott, libellant, against the appellants, respondents, that they may appeal from said decree when the same is amended, or whether the same is amended or not, which…
Read the full summary
Appeal from the Orphans’ Court of Montgomery County. On the 1st of November, 1842, the appellants, as the next of kin of Aaron Offutt, deceased, filed their petition in said orphans court, alleging, that they have by their petition filed this day, prayed the court to amend the record in the case of William C. Gott, libellant, against the appellants, respondents, that they may appeal from said decree when the same is amended, or whether the same is amended or not, which petition is now pending and undecided; that they have been informed and believe, that the appellee, notwithstanding the…
1Opinion of the CourtDoesey, J.
The appeal in this case has been well taken. The 9th section of the act of 1798, chap. 101, sub chap. 2, provides, that if any person caveat a “will or codicil respecting personal properly or appointing an executor,” the caveat shall be de*387cided by the orphans court. By the 11th section of the same act and sub chap., it is enacted, that either party conceiving him or herself aggrieved by the decision of the said court, relative to the probat, may enter an appeal; and that such appeal shall stay further proceedings of the orphans court; and that the decree of the court appealed to shall be…
2Cited by2 opinions
- State ex rel. Calvert v. WilliamsCourt of Appeals of Maryland · 1850
- Edelen v. EdelenCourt of Appeals of Maryland · 1856