Fisher v. Boyce

Citations

• 81 Md. 46
• 31 A. 707
• 1895 Md. LEXIS 42

Syllabus

<p>Caveat as to part of a Will — Estoppel to deny Validity of Will — Issues from Orphans' Court.</p> <p>The Orphans’ Court cannot send issues to be tried at lawto determine whether a part only of a will was obtained by fraud or undue influence, when such part is not distinct and severable, and cannot be taken from the will without subverting its general scheme and purpose.</p> <p>After a will had been admitted to probate, a bill in equity was filed by the executors against all parties interested for the construction of the same and the administration of the estate. The petitioners in this case were parties to the suit, and answered admitting the due execution, &c., of the will and codicil, and subsequently asked for an allowance from the income. Two years afterwards the petitioners alleged in the Orphans’ Court that that part of the residuary clause, by which the testator directed that the sums charged against his children on his books should be treated as parts of their shares, and • the codicil republishing the will, had been obtained by fraud and undue influence practised upon the testator, and asked that issues might be sent to a Court of Law to determine this question. Held, that the petitioners, under these circumstances, were estopped to deny the validity of the will, there being no allegation that since the probate thereof they had acquired knowledge of facts previously unknown to them respecting the issue.</p>