In Re Estate of Martin

Pattison, J., delivered the opinion of the Court. Oil the 17th day of February, 1919, a paper writing purporting to be the last will and testament of Wilson TJ. Mar ¹⁹⁶ tin, late of Worcester County, deceased, was admitted to probate in the Orphans’ Court of that County. Thereafter a petition was filed in said Court by the appellant, an uncle of the deceased, by which the Court was asked “to rescind and annul the action of the Register of Wills in admitting said paper writing to probate” and assigned therefore the following reasons.: “1st.

That the death of the said Wilson U. Martin has not been proved as required by law. “2nd. That the near relatives of the said Wilson TJ. Martin were not given notice as required by law that the said paper writing would be offered for probate on February 11th, 1919, or February 17th, 1919, or at any other time, as the last will and testament of Wilson U. Martin, and that none of the near relatives were present when the said paper writing was offered for probate, or admitted to probate; that no summons was ordered by said court for said near relatives, or for any of them; nor was any order of publication given requiring said near relatives, or any of them, to appear on some fixed day to show cause wherefore the said paper writing should not be proved. “3rd. That the Orphans’ Court for Worcester County, Maryland, had assumed jurisdiction of the matter, and that the Register of Wills for said county had no power or authority to admit said paper writing to probate during the recess of said court. “4th.

That some of the nearest relatives. had advised the Register of Wills and the Orphans’. Court for said county of the alleged existence of the said paper writing, and that objections would be raised to the probate thereof when presented. “5th. That the party who had or should have had the possession or custody of the said paper writing at' the time of the alleged death of the said Wilson IJ. Martin did not make oath that the said paper writing was the last will and testament of the said Wilson U. Martin, and that she knew of no other paper in ¹⁹⁷ existence at the time of his death, purporting to be Ms last will and testament.” Action on this petition was deferred from time to time to the first day of May, 1919, when the following order was' passed thereon by said Orphans’ Court: “The aforegoing petition of E. King Wilson having been read and considered, and the parties in interest heard, the prayer of said petition is this 1st day of May, in the year nineteen