COLLINS v. ECKSTINE, 164 Md. 696 (1933)

163 A. 698

LOUISA C. COLLINS ET AL. v. HARRY N. ECKSTINE.

[No. 40, October Term, 1932.]Court of Appeals of Maryland.
Decided January 11th, 1933.

Testamentary Capacity — Knowledge of Contents — Evidence.

On an issue as to testator’s mental capacity, a verdict favorable to the will held properly directed.

The will having been read to testator after being prepared according to his instructions, his knowledge of its contents is not open to question, in the absence of legally sufficient evidence that he was incapable of understanding its terms.

On an issue of testator’s mental capacity, evidence that twenty years previously he tried to kill the husband of a witness was too remote to be relevant.

Decided January 11th, 1933.

Appeal from the Superior Court of Baltimore City (ULMAN, J.).

Caveat proceeding by Louisa C. Collins and John E. Eckstine as regards an alleged will of John Eckstine, deceased, defended by Henry N. Eckstine, executor named in said alleged will. From rulings adverse to the caveators, they appeal. Affirmed.

The cause was argued before BOND, C.J., URNER, ADKINS, OFFUTT, DIGGES, and SLOAN, JJ.

James O. Scrimger, submitting on brief, for the appellants.

C. Arthur Eby, for the appellee.

URNER, J., delivered the opinion of the Court.

Unreported Cases.

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