Waring v. Edmonds

Le Grand, C. J., delivered the opinion of this court. This is a case of issues sent from the orphans court to the circuit court for Prince George’s county. The record shows that the appellant filed his petition in the orphans court, alleging that lie was the brother of his intestate, who died possessed of certain negroes, and a sealed note for $1000, executed in her favor by one Washington J. Beall, and that the appellee hath concealed, and doth conceal,” three negroes, viz., ⁴³⁰ Louisa, Maria, grid Emeline, and the sealed note for $1000. . The appellee answered, by admitting that the intestate was, just before her death, seized and possessed of the property mentioned in the petition, but “denies that she does now, or ever has, concealed any property or chose in action,” and “claims title5 ’ to the whole of said property, as a bona fide gift from the intestate, by virtue of which she took said negroes and bond, or chose in action, and now is, and has been, in the possession thereof.

The answer further states the circumstances under which the gift was made, claiming it to be a case of donatio mortis causa. On the coming in of this answer, on application, issues, five in number,-were framed, and sent to the circuit court for trial. It is from the ruling of the circuit court, on said trial, that this appeal is taken. The 1st issue propounded the inquiry, whether the appellee concealed the negroes ?

The 2nd, whether she has concealed the sealed note of $1000? The 3rd, whether the intestate did give to the appellee the negro girl, Louisa, as a donatio mortis causal The 4th, whether the intestate did give to the appellee the negro girls, Mana and Emeiine, as a donatio mortis causal And the 5th, whether the intestate did give to the appellee the sealed note for $1000 as a donatio mortis causa ? At the trial, it was proven that Miss Deborah Waring was the companion and house-keeper of Mrs. Martha Beall, at whose house she died, and that she was possessed of the property mentioned in the issues. It was also shown, that Miss Waring had great attachment to her sister, Mrs. Edmonds, the appellee, and that the latter had been attentive on more occasions than one, when Miss Waring was sick, whilst her other relatives failed altogether to visit her.

On this point, Miss Elizabetli Johns testifies, “that she had not known any of the other brothers and sisters, or relations of Miss Waring, ever to visit her during her life; she saw her brother (the present plaintiff) at her funeral. That she had often heard Miss D. Waring speak of her sister, Mrs. Edmonds, affectionately; said she had been a mother to her, and she was almost a stranger to her other relations; and at her death she wished her sister to have all her property. That in her last illness, ⁴³¹ seeming conscious of her condition, Miss Waring sent for witness and Mrs. Martha Bell, to her sick room, and then said, ‘ Cousin Martha, I have three servants, I wish them given to my sister Rebecca, (Mrs. Edmonds,) and the note 1 hold of Washington Beall’s; I wish also given to her every thing that I have. Cousin Martha, I wish you to see that she gets them.’ Louisa, who is about ten years of age, was in the room; she pointed to her, and said, ‘You will see that my sister has her.’ ” She further testified, that at the time of this conversation, the other negroes, who were small children, were at the quarters, on the plantation.

She requested Mrs. Mary Beall, at her death, to deliver them to her sister, Mrs. Edmonds, and tried to impress on her mind that such was her wish. Mrs. Beall promised she would do so at the risk of her life. Mrs. Beall delivered the negroes, after Miss Waring’s death, to Mrs. Edmonds, who carried them to Baltimore. Mrs. Beall proves that she was with Miss Waring for six weeks before her death, and that, for several weeks prior to that event, Mrs. Edmonds was in attendance upon her.

She continues thus, “I heard her say that she had given her sister the note of Washington Beall, the three negroes named in these issues, and all the other things she owned. She pointed to the girl Louisa, who was in the room; she requested me to see that she (her sister) had this property. She said, 1 have given the note to my sister, (Mrs. Edmonds.) I asked Mrs. Edmonds where the note was? She said, she had it.” u This conversation took place about 10 o'clock in the morning; and she, Miss Waring, died about the same time that night.'' The attending physician, Dr. Sheehy, proved that he was with her during her last illness; that she was perfectly conscious of her situation; that about a week or ten days before her death, he make known to her