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YINGLING v. SMITH

[No. 319, September Term, 1968.]

254 Md. 366 (1969)

255 A.2d 64

YINGLING v. SMITH, EXECUTOR OF THE ESTATE OF JOHN N. YINGLING

Court of Appeals of Maryland.

Decided June 27, 1969.

Attorney(s) appearing for the Case

Robert J. Cooke for appellant.

Donald M. Smith and William B. Dulaney, with whom were Dulaney & Davis on the brief, for appellee.

Amicus curiae brief filed by Sandymount Methodist Church. T. Bryan McIntire and J. Robert Johnson on the brief.

The cause was argued before HAMMOND, C.J., and MARBURY, McWILLIAMS, FINAN and SINGLEY, JJ.

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

This appeal from the Orphans' Court for Carroll County presents a novel question: May an assignee of the next of kin or heir at law of a testator maintain a caveat action against the testator's will?

The facts which gave rise to the controversy can be briefly told. On 18 March 1968, John N. Yingling (John) died domiciled in Carroll County, Maryland, unmarried and without...

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