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If we examine the development of estate law in Maryland, we will find that its development mirrors that of many other areas of law in this state and elsewhere in other jurisdictions. The estate law is built from the common law of judicial opinions occurring over a period of time, similar to contract law, sales law, and so forth. When we look back at the critical opinions from the Maryland common law on estates, we will find a plethora of opinions which often contribute merely a subtle layer to an already existing principle; over time, these relatively small contributions add up to the totality of estate law we have today.
One of the foundational cases in the estate law of Maryland is the case of Brengle v. Tucker (1911). Although it is factually relatively simple, it conveys an essential point in the early development of Maryland estate law. Let’s examine this case in detail.
Facts of the Case
The testator in this case attempted to create a will while on his death bed. Before undergoing a life-saving operation, the testator requested a paper and pen on which to write a last will and testament. After completing the will, the testator requested that the physician sign as a witness. This was the only person who signed the will as a witness, even though Maryland law requires two witness signatures to create a facially valid will.
The testator didn’t survive the operation, and subsequently following his death the will was transferred to the Office of the Register of Wills for processing. The will’s validity was contested by an interested party who argued that, despite apparently showing the clear intentions of the testator, the will failed on its face by not having the minimum requirement of two witness signatures. The executor argued, in response, that the will should be enforced even with this technical deficiency because the circumstances clearly indicate the testator’s wishes. The challenger was successful at the trial court stage and then the matter went before the appellate court.
Ruling & Relevance in Current Estate Law
The challenger was successful at the appellate court level as the court determined that the lone signature by the physician was not sufficient. In situations such as these, whenever a seemingly bright line has been bent, the court establishes a precedent as to whether any exceptions to such a rule may occur and, if they may, what sort of exceptions those might be. In this case, the court stated that the two witness requirement was absolutely mandatory, and so no flexibility was permitted; this meant that, even though it’s clear that the testator made a genuine attempt to create a valid will, the will that was ultimately produced was simply unenforceable. Now, following Brengle v. Tucker, Marylanders know that there is simply no wiggle room at all on this particular requirement regarding witness signatures. In other contexts, a different bright line rule might have wiggle room for certain exceptions under certain conditions.
Again, readers might find this case to be elementary in its level of complexity, but it is still a vital case nonetheless. Marylanders invariably need to obtain two witness signatures in order to produce an enforceable will, and there are no exceptions. In the end, this means that the decedent in this case who passed away was treated as passing away intestate.
Contact the Murphy Law Firm for Additional Resources
Readers who want to know more about the development of Maryland estate law, will drafting, petitioning against the enforcement of a will, or any other pertinent estate planning topic, contact one of the estate planning lawyers at the Murphy Law Firm today by calling 240-219-1187.
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