The appellee answered the caveat denying the jurisdiction of the Court and setting up among other defenses that of plene adminstravit. The caveat further averred that the lines were not upon the will at the time of its execution and formed no part of it and prayed that the probate of the will with the lines on it might be revoked and it might be admitted to probate without the lines appearing on its face. In September, 1906, the present appellant filed a caveat to the will asserting in substance that, although the testator was fully competent to make his will at the time of its execution, he began about November, 1898, to show symptoms of insanity which developed to such an extent that it became necessary on November 23rd, 1902, to confine him in an asylum, that the will was in the possession of Frederick Leist, Esq., from its execution until his death early in 1902, and that for many years before his death the testator was incapable of validly making, revoking or cancelling a will and that if the lines on the will had been made by him they had no effect as a revocation of the portions of the will over which they were drawn.
The will was admitted to probate in common form and letters of administration, c.t.a., upon the estate issued to the *Īppellee. When the will was found there appeared on its face lines drawn with a pen through and across certain words and sentences but not in such manner as to entirely obliterate them or render them illegible.Īll of the persons named as executors in the will having predeceased the testator and he having left no children or descendants it was propounded in the condition in which it was found, for probate in the Orphans' Court of Baltimore City on June 15th, 1904, by his widow, the present appellee. At or shortly before his death his will, which had been executed in 1892, was found in his secretary at his home in Baltimore City. Gundry's Sanitarium for feeble-minded persons to which he had been sent in December, 1902, as a sufferer from senile dementia. Bantz died in June, 1904, at an advanced age in Dr.
This appeal brings to our notice for the second time the will of Theodore S.
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