MERLING v. MERLING

No. 12, September Term, 1994.

336 Md. 365 (1994)

RAYMOND MERLING, PERSONAL REPRESENTATIVE OF THE ESTATE OF SARA E. HOLLIDAY v. JOYCE MERLING.

Court of Appeals of Maryland.

October 21, 1994.


Attorney(s) appearing for the Case

Allan J. Culver, Jr., Bel Air, for petitioner.

Christian B. Wilson, Bel Air, for respondent.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI, BELL and RAKER, JJ.


RODOWSKY, Judge.

This caveat case presents a hearsay question. The declarant, a legatee of one-half of the residuary estate, if any, under the challenged will, was neither personal representative of the decedent's estate nor a participant in the caveat proceedings. The Court of Special Appeals held that a witness's testimony, recounting a statement by the declarant, was substantively admissible in support of the caveat, as the statement of a party opponent. Merling...

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