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HEGMON v. NOVAK

No. 291, Sept. Term, 1999.

747 A.2d 772 (2000)

130 Md. App. 703

Rudolph HEGMON, Personal Representative of the Estate of Alfred Fishgrund v. Peter NOVAK, Personal Representative of the Estate of Olga Novakova.

Court of Special Appeals of Maryland.

March 8, 2000.

Attorney(s) appearing for the Case

Tanya Calvelli (Richard L. Lyon and Furey, Doolan & Abell, LLP, Chevy Chase, and Edward H. Gerstenfield, Bethesda, on the brief), for appellant.

Jonathan A. Azrael (Azrael, Gann & Franz, LLP, on the brief), Baltimore, for appellee.

Argued before SONNER, ADKINS and JOHN F. McAULIFFE (Retired, Specially Assigned) JJ.

ADKINS, Judge.

We must decide in this appeal whether the Orphans' Court for Montgomery County erred when it signed an order transmitting to the circuit court the issue of whether a testator was under undue influence when she signed a will, although the petition to caveat the will only alleged that the testator was mentally incompetent. In the course of this decision, we are called upon to decide whether the 1990 amendment to Maryland Rule 6-434(d), allowing amendments...

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