TESTAMENTARY SYSTEM.
the person so offending shall be sentenced to the pillory, and such
fine and imprisonment
as the court shall think proper to impose.
5. It shall be lawful for any private person,
in whose possession or custody a
will or codicil shall be, after the death of the testator or testatrix,
to open and
read the same in the presence of any near relatives of the deceased, who
may
conveniently have notice thereof, and of other persons, and immediately
thereafter
to deliver the said will or codicil to the register of wills, or the register
or
clerk of any office in the county authorised to record wills, whose duty
it shall
be to keep the same safe, until proceedings may be had for proving the
same in
the said office, or until it be demanded by an executor, or other person
authorised
to demand it, for the purpose of having it proved according to law.
6. If any private person, in whose possession
or custody a will or codicil shall
be, after the death of the testator or testatrix shall neglect to deliver
the same to
the register of wills, or the register or clerk of any office proper for
recording
wills in the county where the said person resides, or where it is proper
to prove
the same, or to some executor named in the will, for the space of three
calendar
months after the death of the testator or testatrix shall be known to the
said person, he or she thus offending shall be subject, on conviction in
a court of
law, to such fine as the court shall think proper, not exceeding five hundred
pounds.
7. If any will or codicil delivered to the
register of, or clerk of, any office
proper for recording of wills, shall contain no disposition of goods, chattels
or
personal estate, or of any other thing except lands, tenements or incorporeal
heriditaments, within this state, and the same shall appear to be signed,
or
sealed or acknowledged by the testator or testatrix, and attested and subscribed
by three witnesses, it shall be recorded by the register, or officer aforesaid,
and
the original shall be by him safely kept until the legal execution thereof
shall
be controverted in some court of law, in which case it shall be transmitted
to
the said court of law, if required by some person authorised by the said
court
to receive it; and until the legal execution thereof shall be controverted
in some
court of law, a copy thereof, attested under the seal of office, shall
be received
as evidence in any court of law or equity, to prove the title of any person
claiming
under it, so far as the provisions thereof can operate according to law,
and
an attested copy, under the seal of office, of any other will, testament
or codicil,
recorded in any office authorised to record the same, shall be admitted
as evidence
in any court of law or equity, provided that the execution of the original
will or codicil be subject to be contested until a probat hath been had
according
to this act.
8. If any person mentioned in a will or codicil
containing any devise of any
interest in land or tenements as a legatee, devisee, executor or trustee,
shall be a
subscribing witness thereto, and there shall not be three other subscribing
credible
witnesses, and the said will shall not have been deposited, kept and authenticated,
as herein before directed, so as to give it validity, without resorting
to the testimony
of the said legatee, devisee, executor or trustee, shall be void, and the
testimony of the said legatee, devisee, executor or trustee, shall
be as good and
available to prove the said will or codicil, as if he or she had not been
mentioned
in the will; and in all cases, where a will or codicil cannot be proved
agreeably
to law, so as to give it complete validity and effect, according to the
nature of
its provisions, without resorting to the testimony of such legatee, devisee,
executor
or trustee, the said will or codicil, so far as it respects the said legatee,
devisee, executor or trustee, shall be void, and his or her testimony shall
be
good and available as aforesaid.
9. If any subscribing witness to a will or
codicil shall die before the testator
or testatrix, or before the examinations of other witnesses, or before
the time of
proceeding to a probat of the said will or codicil, proof of his or her
hand
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