Douglas v. Friedel, Exec.

Prescott, J., delivered the opinion of the Court. This is an appeal by Lottie H. Tatem Douglas (Douglas) from a decision of the Superior Court of Baltimore City, which affirmed an order of the Orphans’ Court of Baltimore City, dated March 27, 1957, and dismissed the petition, filed by Douglas after the statutory period of limitations for the filing by her of a caveat had run (Article 93, sec. 372, Code (1951)), to intervene in the caveat proceeding previously instituted by Freda Blankman (Blankman) in the estate of William A. Tatem (Tatem), deceased. Tatem’s last will and testament, dated June 28, 1955, which appointed Gilbert I. Friedel (Friedel) as executor, was admitted to probate on July 11, 1955; and Friedel duly qualified as such on that date. For purposes of this statement of facts, Tatem’s June 28, 1955, probated will is referred to as the “Friedel Will.” On July 10, 1956, almost a year after probate of the “Friedel Will,” Blankman filed a caveat on the usual grounds alleging that “Caveator’s Exhibit No. 1,” hereafter called the “Blankman Will,” which was attached to the caveat, was the “true” will of Tatem.

Disposition of the Blankman caveat is still pending. On October 9, 1956, almost fifteen months after the probate of the “Friedel Will,” Douglas filed a petition giving notice of an intention to file a caveat to the “Friedel Will,” and seeking a revocation of the probate of that will and of Friedel’s appointment as executor. On October 23, 1956, Friedel filed an answer and a motion to dismiss the Douglas petition on the ground, among others, that Douglas’ proposed caveat was barred by the one year Statute of Limitations prescribed by statute (this statute has now been changed). On ¹⁴ October 30, 1956, Douglas filed a petition for leave to intervene in the Blankman caveat, in which she stated that she was Tatem’s daughter “by adoption” and also a beneficiary under a prior will of Tatem, dated January 23, 1923, hereafter called the “Douglas Will.” In the same petition, which was under oath, Douglas stated that she desired to “adopt the charges” made in the Blankman caveat which, as indicated, “charged” that the Blankman will, under which Douglas takes nothing, is the “true Last Will and Testament of the said William A. Tatem.” On November 8, 1956, Friedel again filed an answer and a motion to dismiss Douglas’ petition for leave to intervene, and, after a hearing thereon and on the earlier motion to dismiss Douglas’ petition giving notice of intention to caveat, the Orphans’ Court of Baltimore City passed an order, on March 27, 1957, dismissing the Douglas petitions on the grounds: (1) that the time for her to file' a caveat expired prior to the filing of the. petitions and that the petition for leave to intervene in the Blankman caveat “was an attempt to avoid, by intervention, the provisions of Article 93, Section 372”; and (2) .that by adopting the charges made in the Blankman caveat, Douglas “demonstrated her lack of interest in these