Worthington v. Ridgely

Brent, J., delivered the opinion of the Court. This is an appeal from the Orphans’ Court of Baltimore County. A paper, dated the 8th of January, 1819, purporting to he the last will of Noah Worthington of J., was exhibited in the Orphans’ Court on the 5th day of February following by James L. Ridgely, Jr., one of the executors named in it, and proved in the usual form by the three subscribing witnesses. On the 12th day of February Joshua F. C. Worthington, also named as one of the executors, filed a caveat and petition, alleging that said paper contained in fact the true last will of Noah Worthington, but that after its execution it was fraudulently altered, without the authority or knowledge of the testator, by the insertion therein of certain words of gift to James L. Ridgely, Jr., the effect of which was to make the instrument appear to bestow upon said Ridgely one-half of the whole residuary estate.

On the 18th of the same month Dye W. Worthington and Otis A. Worthington, two of the heirs at-law, file their petition and caveat to the entire paper exhibited, alleging that it was not executed in the manner and form required by law; that at the time it was executed Noah Worthington was not of sound and disposing mind; that it was the result of undue influence and undue importuni ³⁵² ties and that it was obtained and procured by misrepresentations, and by fraud and deceit. On the fourth of March, James L. Ridgely, Jr., answered the petition and caveat of Joshua E. O. Worthington, and denied in very strong terms the allegation of a fraudulent alteration or interlineation of the paper in question. ^ On the same day separate answers were also filed to the caveat of Dye and Otis Worthington, by Ridgely, Joshua P. Gochey, and Joshua E. C. Worthington, the three executors named in the alleged will. Ridgely insists upon the validity of the entire will; Cockey states that he knows nothing of the will except what is disclosed upon the face of it, and insists that the caveators, Dye and Otis Worthington, shall produce full proof of their allegations ; and Worthington also insists upon its validity, except so far as it was fraudulently altered, as alleged in his caveat. In the further progress of the case issues were prayed from the Orphans’ Court to the Circuit Court for Baltimore County.

Joshua E. C. Worthington, upon his caveat, asked for four issues, as follows: 1st. Whether the tenth clause of the said paper-writing, dated the 8th day of January, 1819, and purporting to be the last will and testament of the said Noah Worthington, of John, at the time of the execution thereof by the said Noah Worthington, of John, and of the attestation and subscription thereof by the subscribing witnesses was in tbe words following: “ Tenth. All the rest and residue of my estate, real, personal and mixed, of which I may be possessed or may be entitled to at my decease, I give and bequeath to my nephew, Joshua E. C. Worthington,” without the addition of any words limiting or materially qualifying the gift- 2nd. Whether the words “and my friend, James L. Ridgely, Jr., equally,” in the tenth clause of the said ³⁵³ paper-writing, dated the 8th of January, 1819, and purporting to he the last will and testament of Noah Worthington, of John, were inserted therein after the execution of said paper-writing, and without the authority and consent of the said Noah Worthington, of John ? 3rd.

Whether the said paper-writing, dated the 8th day of January, 1819, and purporting to he the last will and testament of Noah Worthington, of John, without the words “and my friend, James L. Ridgely, Jr., equally,” in the tenth clause, was signed hy the said Noah Worthington, of John, as and for his last will and testament in the presence of three credible witnesses, and attested and subscribed in his.presence by the said witnesses? 4th. Was the said paper-writing, bearing date the 8th of January, 1819, and purporting to he the last will and testament of Noah Worthington, of John, without the words “and my friend, James L. Ridgely, Jr., equally,” in the tenth clause thereof, and the execution thereof hy him, his free and voluntary act, to which he was induced with a knowledge of the contents of the said paper-writing, and without the exercise of undue influence of some other person or persons upon him, which prevented him from acting according to his own free will ? Upon this caveat of Joshua E. O. Worthington the respondent, James L. Ridgely, Jr., also asked an issue as follows: Whether the said James L. Ridgely, Jr., after the execution of the said will, mentioned in the proceedings, and while it was in his possession, and without the knowledge and consent of the said Noah, did fraudulently alter the same, by the insertion after the words “my nephew, Joshua E. O. Worthington,” occurring on the twenty-eighth line of the second page, of the words “ and my friend, James L. Ridgely, Jr., equally ?” On the caveat of Dye and Otis Worthington, six issues were prayed, substantially as follows: ³⁵⁴ 1st. The due and legal execution of the paper. 2nd.

Whether the testator was of sound and disposing mind ? 3rd. Whether said paper was executed under the influence of suggestions, importunities or misrepresentations, when his mind, by reason of his diseased and enfeebled condition, was unable to resist them ? 4th. Whether said paper was procured by undue influence ? ' 5th. Whether it was procured by fraud, devices, deceits or misrepresentations ? 6th.

Whether said paper was the result of the free and voluntary act of the testator to which he was induced, with a knowledge of its contents, and without the exercise of undue influence upon him, which prevented him from acting