SLACK v. TRUITT

No. 44, Sept. Term, 2001.

791 A.2d 129 (2002)

368 Md. 2

Clinton A. SLACK, Personal Representative of the Estate of Dale Slack v. Teresa TRUITT.

Court of Appeals of Maryland.

February 12, 2002.


Attorney(s) appearing for the Case

Michael J. Scibinico, II (Joseph J. Mahoney, on brief), Elkton, for Petitioner.

Charles J. Brown, III, Newark, DE, for Respondent.

Argued before BELL, C.J., and ELDRIDGE, RAKER, WILNER, CATHELL, HARRELL, and BATTAGLIA, JJ.


RAKER, J.

This is an appeal concerning the probate of a purported will. The question we must decide is whether a will signed by the testator outside the presence of witnesses should have been admitted to probate despite the fact that one of the witnesses did not know it was a will and cannot recall seeing the testator's signature on the instrument. The Orphans' Court and the Circuit Court for Cecil County denied the admission of the will to probate. Both courts denied...

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