Ex Parte Cardozo

Adkins, J., delivered the opinion of the Court. This is an appeal from an order of the Orphans’ Court of Baltimore, dated July 24th, 1919, dismissing the petition of appellant and refusing to admit to probate a paper writing purporting to be the last will and testament of William Moncure Alexander, who died on the 10th day of April, 1919, after an offer by appellant to prove that said paper was. in the handwriting of the alleged testator. The said paper writing is as follows: ⁴⁰⁸ “Baltimore, Md., April 28th, 1917. “I, William Honoure Alexander, of the City of Baltimore, State of Maryland, being of sound and disposing mind' and memory, do hereby make and publish this as and for my last will and testament, hereby revoking and making void every and all other will or wills by me at any time heretofore made, and first I devise and direct my executor or executrix hereafter named to pay all my just debts, funeral expenses and the expense incident to the administration of my estate as soon as reasonably may be after my decease. “Second' — I give, devise and bequeath to my beloved niece, Fannie B. Oardozo (Alexander), my home, house 1625 Druid Hill Ave., in the City of Baltimore, household effects and by library and five hundred dollars of my life insurance in the Maryland Life Insurance Company and fifty per cent, of any money in bank or anywhere else to my credit, providing the money to my credit be sufficient to pay the amounts to persons herein named in this my last will: “To Warner T. McGuinn, my half-brother by mother, one hundred and fifty dollars; to Callie Ellen Starks (McGuinn), my beloved niece, one hundred dollars ; to Alma McGuinn, my niece, fifty dollars; to Annie L. McGuinn, my sister-in-law, fifty dollars; to Edath Cardozo, my niece, fifty dollars; to Henry Garet McGuinn, my nephew, twenty-five dollars; to Bobert McGuinn, my nephew, twenty-five dollars; to the Mary Baptist Orphanage for Colored Children, if it is in existence, fifty dollars; to Clayton Williams University, if it is in existence, fifty dollars. “Third — I do hereby nominate my niece, Fannie B. Cardozo, lo be the executrix of this my last will and testament, without bond, to whom I bequeath any and all the money, if any more than the amounts.to persons named in this will, including herself. “Signed, sealed, published and declared by William Moncure Alexander, the above named testator, as and for his last will and testament, in the presence of us. ⁴⁰⁹ who, at his request, in his presence of each other, have hereunto subscribed our names as witnesses. “Jas. E. Herndon. “Henry Gardner. “William T. Robinson. “Filed April 20, 1919. “Howard W. Jackson, “Register.” It appears from the record that Fannie B. Oardozo, who was the principal beneficiary under the alleged will, and also the executrix, and who filed a petition asking that said paper be admitted to probate, offered to prove that the paper writing referred to in the third paragraph of her said petition was wholly in the handwriting of the said William Moncure Alexander, except the signature of the witnesses, James E. Herndon, Henry Gardner and William T. Robinson; that the said James E. Herndon, Henry Gardner and William T. Robinson each signed his name to the said paper writing as a witness, in the presence of, and at the request of, William Moneure Alexander, and in the presence of each other ; also that the Court refused to hear any testimony in support of said offer and declined to admit the said paper writing to probate as the will of the said William Moncure Alexander, for the reason that the said Alexander had not signed the said paper writing as required hy the laws of the State