DURHAM v. WALTERS

No. 653, September Term, 1983.

59 Md. App. 1 (1984)

474 A.2d 523

PAUL DURHAM ET AL. v. HENRY P. WALTERS, PERSONAL REPRESENTATIVE OF THE ESTATE OF ORVILLE OSCAR OUTTEN.

Court of Special Appeals of Maryland.

May 7, 1984.


Attorney(s) appearing for the Case

B. Randall Coates, Berlin, with whom were Coates, Coates & Coates, Berlin, on the brief, for appellants.

Joseph G. Harrison, Jr., Ocean City, with whom were Williams, Hammond, Moore & Shockley, P.A., Ocean City, on the brief, for appellee.

Argued before WILNER, WEANT and GARRITY, JJ.


GARRITY, Judge.

Paul Durham and others (the appellants), who are heirs at law of Orville Oscar Outten, appeal from an order of the Circuit Court for Worcester County granting a motion to dismiss caveat proceedings. The circuit court held that, in the absence of fraud, heirs at law could not challenge the will of the decedent by filing a petition to caveat the will more than six months following the first appointment of a personal representative under the will.

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