Keene v. Corse

McSherry, J., delivered the opinion of the Court. After the death of John H. Keene, Sr., and before his executors propounded his will for probate, two of his sons filed in the Orphans’ Court of Baltimore County a written objection to the probate of the will. Later on the will was ²² filed, but no notice appears to have been given that upon a specified day it would be probated. On the contrary,' on the same day that it was filed, the proof of two of the attesting witnesses seems to have been taken.

Some days later and before any order had been passed by the Orphans’ Court admitting the will to probate, a formal caveat was interposed and the executors were duly summoned to answer it. Subsequently, and without disposing of the caveat at all, though a motion had been made for the executors to answer, so that issues might be framed, the Orphans’ Court signed an order admitting the will to probate and granting letters testamentary to the executors named therein. From that order this appeal was taken by the caveators. The question thus presented is free from any difficulty.

By Secs. 230 and 323 of Art. 93 of the Code, the Orphans’ Courts are given jurisdiction to admit wills to probate. Under Secs. 322, 328 and 329, the method of doing this is prescribed. Notice is required to be first given to such of the next relations of the deceased as may conveniently be served therewith, as to the time of exhibiting the will for probate; and if, after such notice has been given, no objection shall be made or no caveat shall be filed, the Court is authorized to