Safe Deposit & Trust Co. of Baltimore v. Devilbiss

• Citation: 97 A. 367,128 Md. 182
• Decision Date: 06 March 1916
• Docket Number: 22.
• Parties: SAFE DEPOSIT & TRUST CO. OF BALTIMORE v. DEVILBISS et al.
• Court: Court of Appeals of Maryland

97 A. 367

128 Md. 182

SAFE DEPOSIT & TRUST CO. OF BALTIMORE v. DEVILBISS et al.

No. 22.

Court of Appeals of Maryland

March 6, 1916

Appeal from Orphans' Court, Baltimore County.

"To be officially reported."

Proceedings by the Safe Deposit & Trust Company of Baltimore for the probate of an instrument purporting to be the last will and testament of Henry F. Myers. The instrument was admitted to probate, and proponent granted letters testamentary whereupon Daisy Devilbiss and Charles E. Ecker filed a caveat. From an order sending issues to circuit court for trial, the proponent appeals. Order reversed, and case remanded.

Argued before BOYD, C.J., and THOMAS, PATTISON, URNER, STOCKBRIDGE and CONSTABLE, JJ.

Arthur W. Machen, Jr., of Baltimore, and D. G. Mcintosh, of Towson for appellant.

Robert Biggs, of Baltimore (Charles E. Ecker, of Baltimore, on the brief), for appellees.

THOMAS J.

On the 29th of September, 1914, a paper purporting to be the last will and testament of Henry F. Myers, deceased, and dated the 23d day of March, 1912, was admitted to probate in the orphans' court of Baltimore county, and letters testamentary were granted to the Safe Deposit & Trust Company of Baltimore, the executor named therein. On the same day Charles E. Ecker, on his own behalf "and on behalf of other parties in interest," filed in said court a notice that he would file a caveat to said will, and on the following day another paper purporting to be the last will and testament of Henry F. Myers, bearing date the 16th of December, 1910, was filed in said court. By the will of 1910, the testator gave a legacy of $2,000 to Charles E. Ecker, Esq., a legacy of $500 to Daisy Devilbiss, and, after certain other bequests, devised and bequeathed the rest and residue of his estate to the said Charles E. Ecker, who was made executor. By the will dated the 23d day of March, 1912, the entire estate of the testator is given to the Safe Deposit & Trust Company of Baltimore, in trust to pay the net income therefrom to his nephew, Philip S. Myers, during his natural life, and after his death to pay the principal to the children of the said Philip S. Myers, etc.

On the 17th of August, 1915, Charles E. Ecker and Daisy Devilbias filed a petition and caveat to the will of 1912, alleging that the said Henry F. Myers left a last will and testament dated the 16th of December, 1910, in which they were mentioned as legatees; that the said paper dated the 23d day of March, 1912, and alleged to be the last will and testament of the said Henry F. Myers, was not in fact his last will and testament; that "it was not executed in accordance with the laws of the state of Maryland"; that at the time of its execution the said Henry F. Myers was not of sound and disposing mind, etc.; that the same was procured by undue influence; and that the contents thereof were not known to or understood by the said Henry F. Myers at or before the time of the alleged execution thereof. The petition asked for issues to be framed and sent to the circuit court for trial, and for process against the Safe Deposit & Trust Company, executor, etc. The Safe Deposit & Trust Company, executor, answered the petition and caveat, denying that said Henry F. Myers left a duly executed last will and testament dated December 16, 1910, in which the petitioners were named as legatees, and alleging that if any such will ever existed it was revoked by the testator, Henry F. Myers, prior to his death; that the said Charles E. Ecker and Daisy Devilbiss were not the next of kin or heirs at law of the deceased, and that the said paper writing, dated the 23d of March, 1912, which was duly admitted to probate by the orphans' court, was in fact the last will and testament of the said Henry F. Myers, etc. Thereafter, on the 5th of October, 1915, the Safe Deposit & Trust Company of Baltimore, executor, filed a petition praying the court to dismiss the caveat and petition of Charles E. Ecker and Daisy Devilbiss, and the court passed an order requiring the caveators to show cause why the prayer of the petition should not be granted. On the 17th of November, 1915, the caveators answered the petition of the executor, and also filed a petition asking for certain issues relating to the validity of the will of 1912, and on the same day the orphans' court passed an order directing the following issues to be sent to the circuit court for Baltimore county for trial:

"First. Did the said Henry F. Myers execute the paper writing dated the 23d day of March, 1912, and alleged to be his last will and testament in accordance with the provisions of the laws of the state of Maryland relating to the execution of wills?

Second. Was the said Henry F. Myers at the time of the execution of the paper writing dated the 23d day of March, 1912, and alleged to be his last will and testament of sound mind and memory and capable of executing a valid deed or contract?

Third. Was the said Henry F. Myers induced to execute the paper writing dated the 23d day of March, 1912, and alleged to be his last will and testament by undue influence?

Fourth. Were the contents of the paper writing dated the 23d day of March, 1912, and alleged to be the last will and testament of the said Henry F. Myers known to the said Henry F. Myers at or before the time of the alleged execution thereof?"

From the order sending these issues to the circuit court for Baltimore county, the Safe Deposit & Trust Company of Baltimore, executor, has brought this appeal.

Independent of any adjudication of the questions, it would seem clear upon principle that only those who have an interest in the property of...