Garrison v. Hill

Citations

• 81 Md. 551
• 32 A. 191
• 1895 Md. LEXIS 62

Syllabus

<p>Caveat to Wills — Within what Time tobe Filed — Constitutional Law— Retroactive Statute— Vested Right — Persons under Disability— Title of Statute.</p> <p>The Act of 1894, ch. 405, provides that no will shall be subject to caveat, or other objection to its validity, after the expiration of three years from its probate. Previous to this Act there was no limitation as to the time within which a caveat could be filed. Held, that since the Legislature could not rightfully give to this law a retroactive effect, it would be construed as prospective in its-operation, and that under it proceedings against wills probated before the Act was passed must be commenced within three years from the date of the passage of the Act, and proceeding against wills thereafter probated must be commenced within three years from the date of the probate.</p> <p>A retroactive effect could not be given to this Act, because if a will probated more than three years before its passage was really invalid, the heirs at law of the testator had a vested right in his property, and as the law then stood had a right to recover it. This vested right could not be taken away by a statute which took away at once all remedy.</p> <p>The above Act cannot be said to be unconstitutional merely because there was no saving clause in favor of those under disability, such as coverture, infancy, etc. It is discretionary with the Legislature whether or not such persons shall be exempted from the operation of a Statute of Limitations, and unless the statute does exempt them they are governed by the same law that others are.</p> <p>Where the title of an Act is to add an additional.section to a certain Article of the Code, it is a sufficient compliance with the Constitution, Art. 3, sec. 29, which provides that the subject of every law shall be described in its title.</p>