Biggs v. Rauch

Sloan, J., delivered the opinion of the Court. This appeal is from an order of the Orphans’ Court of Baltimore City dismissing a caveat to a codicil to the ³⁴⁸ will of Francis S. Biggs, deceased, and admitting the same to probate. The petition, which was filed by Leonora L. Biggs, the widow, and Antoinette Biggs Davis, the daughter, of Francis S. Biggs, who died November 14th, 1939, stated that Mrs. Davis was the only child or descendant of a deceased child; that the decedent left a will dated January 29th, 1938, by which provision had been made only for his wife and daughter, and alleged that it was a valid will; that there has been filed also in said court a paper writing dated September 29th, 1939, purporting to be a codicil to the decedent’s will; that the only persons mentioned in the codicil as legatees or devisees were Catherine Rauch, Edna Rauch, Elizabeth Rauch, Eutha Rauch, Ethel Rauch and Mary Webster Mister; then follows paragraph 5 which contains the only issue, which charged that, at the time of the execution of the alleged codicil, the said Francis S. Biggs was not of sound and disposing mind, etc., and not capable of executing a valid deed or contract, and should not, therefore, be admitted to probate. Citations were issued for all of the beneficiaries under the allegel codicil, and answers filed by all, except Ethel Rauch, who is an infant, nineteen years of age, for whom an answer in the usual form was filed by her mother, Catherine Rauch, as guardian ad litem.

Catherine Rauch, Eutha Rauch, Elizabeth Rauch and Edna Rauch, all filed answers admitting the allegations of the first four paragraphs, but neither admitted nor denied the charge of mental incapacity, but each of them added: “This caveatee hereby consents, subject to the approval of the court, to an order of court declaring that the codicil to the last will and testament of Francis S. Biggs, deceased, is invalid for the reasons set forth in said petition and caveat,^ and rejecting the same for probate.” Mrs. Mister’s answer admitted all of the allegations of the petition, and consented to an order declaring the codicil invalid. ³⁴⁹ The codicil, dated September 29th, 1939, was written by the decedent himself and gave to each of his “friends, Edna & Elizabeth & Eutha & Ethel Rauch Rauch and Eutha & to their mother Mrs. Catherine Mister Rauch & to my friend Mrs. Mary Webster Mister the sum of one thousand dollars each in cash.” It was signed by him and witnessed by