Taylor v. Nuttle

Robinson, J., delivered the opinion of the Court. On a caveat to a paper purporting to he the last will and testament of Mary Belle Taylor, the following issues were sent hy the Orphans’ Court of Caroline' County to the Circuit Court for trial: 1. Were the contents of the paper-writing, dated September 9th, 1883, witnessed by William H. Downes, S. Hobbs and William Hynson, and purporting to he the last will and testament of Mary Belle Taylor, read to or by the said Mary Belle Taylor, or known to her at or before the time of the alleged execution thereof? 2. What parts, if any, of the said paper-writing, were unknown to, or misunderstood hy the said Mary Belle Taylor at the time of the alleged execution thereof? 3.

What parts, if any, of the said paper-writing are ■contrary to the instructions of the said Mary Belle Taylor? 4. Is the paper-writing, hearing date the 9th day of September, 1883, the last will and testament of Mary Belle Taylor, and executed hy her, with knowledge of its contents, and without the exercise of undue influence hy William D. Taylor? 5. Was the said Mary Belle Taylor, at the time of the alleged execution of said paper-writing, urged thereto, hy the importunities of William D. Taylor, which she was too weak to resist, and under circumstances which left her not free to act in the disposition of her estate ? 6. Was the execution of the said paper-writing procured hy fraud or misrepresentations by the said William D. Taylor, or any other person or persons whatsoever, acting with his privity or by his direction? 1.

Is the said paper-writing void by reason of undue influence, fraudulent devices, importunities, misrepresentations and deceits practised hy the said William D. Tay ³⁴⁴ lor, or by any other person whatever, with his privity, or by his direction, to induce the said Mary Belle Taylor to execute said paper-writing? 8. Was the said Mary Belle Taylor, at the time of the alleged execution of the said paper-writing, or subsequent thereto, desirous of making another and different last will and testament, and was she prevented from so doing, by the management, fraud and undue influence or importunities of William D. Taylor, or any other person whatever, by his procurement or direction? 9. Whether the said paper-writing, dated the 9th day of September, 1883, witnessed by Doct. William H. Downes,.

Saulsbury Hobbs and William Hynson, and purporting to be the last will and testament of the said Mary Belle Taylor, was revoked after the making and execution thereof? 10. Is the said paper-writing, bearing date 9th day of September, 1883, and witnessed by Saulsbury Hobbs, Doct. William H. Downes and William Hynson, the last will and testament of the said Mary Belle Taylor? Issues are sent to a Court of law for trial in order that the questions of fact in dispute between the parties may be determined by the jury under instructions by the Court.

The verdict of the jury upon such issues, is binding on the Orphans’ Court, and it is of the utmost importance, therefore,-that the issues should be so framed, as to present plainly and distinctly the questions of fact in controversy, care being taken to avoid multiplying the same, and especially presenting the same question substantially in