Home for the Aged of the Methodist Episcopal Church v. Bantz

Citations

• 66 A. 701
• 106 Md. 147
• 1907 Md. LEXIS 71

Syllabus

<p>Erasures in a will — Caveat—Jurisdiction of Orphans' Court — Estoppel.</p> <p>Whether certain erasures and alterations appearing on the face of a will were made by the testator, and if so, whether he possessed at the time of making them testamentary capacity, are questions relating to the factum of the will, and are to be determined by the Orphans’ Court. Those matters are distinct from the question as to the effect and meaning of such erasures and alterations, which concerns the construction ot the will, and is not within the jurisdiction of the Orphans Court.</p> <p>A will, through some portions of which lines in ink had been drawn, was admitted to probate by the Orphans’ Court in common form, without contest, and letters of administration granted. Subsequently, a legatee under the erased portion, filed a caveat in the Orphans’ Court alleging that the erasures should be eliminated in the probate, because not contained in the will as originally executed; that at the time of such execution, the testator was of sound mind, but afterwards became insane, and so remained for some years before his death. The petition prayed for the revocation of the former probate of the will in its altered form, and for its admission to probate as it appears without the erasing lines. Held, that the legatee in the erased portion has.the right to file the petition.</p> <p>Held, further, tha,t the Orphans’ Court has jurisdiction of the petition, since the questions raised by it all relate to the factum of the will, i. e. whether the lines were put npon the will by the testator with the intent to revoke such parts, and if so, whether at the time he possessed testamentary capacity.</p> <p>A will appointed trustees to hold' certain property during the lifetime of the testator’s widow. After her death, the residue of the estate was devised to á charitable corporation. The will contained erasures which struck out the residuary devise. In a suit in an equity Court for the administration of t