McCambridge v. Walraven

Citations

• 88 Md. 378
• 41 A. 928
• 1898 Md. LEXIS 220

Syllabus

<p>Probate of Will after Contest — Revocation of Probate— Fraud in Obtaining Verdict — Collateral Attack on Probate — Amendment of Petition — Laches.</p> <p>When probate of a will has been granted after a verdict sustaining the will upon issues tried under a caveat, no other persons can caveat the will upon the same grounds, although not parties to the former proceeding, unless the order admitting the will to probate has. been rescinded.</p> <p>The probate of a will after contest can be set aside only by direct proceeding upon allegation and proof that the verdict was obtained by fraud and collusion. And in such proceeding all the persons participating in the fraud should be made parties.</p> <p>Where probate has been granted after a caveat and the trial of the issues, another person who files a caveat to the will upon the same ground, cannot, by the amendment of the petition, ask to have the order admitting the will to probate revoked, because that is not the direct proceeding that is requisite, but only a collateral attack and the petition involves other questions.</p> <p>An application to strike out a judgment admitting a will to probate after contest, on the ground of fraud, must be made within reasonable time after the discovery of the fraud. A delay of a year is too great unless good reasons are shown to excuse the same.</p> <p>In the Orphans’ Court the defence of laches to the relief asked for may be raised by motion to dismiss the petition.</p>