Bruton v. Smith

BOND, C. J., delivered the opinion of the Court. The case arises out of a dispute of the right of the appellant to caveat a will and codicils of hi's father; and the particular question is whether the Orphans’ Court should have allowed issues, submitted by the son looking to the determination of that dispute, to be transmitted to a court of law for trial under section 264 of article 93 of the Code. In a settlement made in 1934, three years before the father’s death, of litigation instituted by him to require an accounting of the property of his, controlled and managed by the son, the latter had agreed in writing that he would not institute, or be a party to, any proceedings for the purpose of contesting any will or codicil theretofore made by the father, and had admitted the testamentary capacity of the father. A will had been executed six months previously, and two codicils were added subsequently to the settlement.

The son and his wife would receive legacies of ten dollars each under the will, and a deed to a cemetery lot; would receive nothing else under the first codicil; but under the second would receive in addition an estate for life in remainder in property of the testator. When the will was offered for probate the son filed a caveat, and denied that his agreement with the father constituted a bar; and submitted fourteen issues for the determination of questions involved in that denial. ⁵¹⁹ The first issue was: “Is Leonard M. Bruton prevented from proceeding with the caveat to the will of his father, dated November 29th, 1938, on the ground that at the time of the alleged execution of the alleged Last Will and Testament, the Testator was not of sound and disposing mind, memory and understanding, and was not capable of executing a valid deed or contract, in view of the alleged agreement, dated May 29th, 1934.” On this same form, by substitutions of words, four issues referred to an attack on the will, four to an attack on the first codicil, and four to an attack on the second codicil, and one in each four referred to the separate grounds of mental capacity, procurement of the will or codicil by undue influence, procurement by fraud, and lack of execution in accordance with the laws of the state. The four grounds of attack are repeated with reference to each of the three instruments, in questions whether Leonard M. Bruton was prevented by his agreement from making the attack on those grounds. The thirteenth and fourteenth issues proposed were: “13.

Is the paper writing dated May 29th, 1934, purporting to be an Agreement between James Williams Bruton, now deceased, and Leonard Marshall Bruton, void and inoperative as a contract by reason of undue influence, or duress, exercised upon and against said James Williams Bruton, unknown to the said Leonard Marshall Bruton at the time of the execution thereof. “14. Does Leonard Marshall Bruton have such interest in the estate of James Williams Bruton, deceased, as entitles him to file a caveat against any paper writing or writings purporting to be the last will and testament, and/or codicils thereto, of the said James Williams Bruton, deceased.” The Orphans’ Court refused to transmit any of these issues, because they raised no question of fact which could properly be transmitted to a common law court; and this court agrees. There can be no doubt of the effectiveness in law of ⁵²⁰ an agreement not to contest a will, none of the jurisdiction of the Orphans’ Court to determine what persons have or have not an interest to make a contest, and none of the right of an intending contestant to have