TESTAMENTARY SYSTEM.
writing shall be admitted in any court or office where the said will
or codicil
shall be controverted.
10. Any will or codicil, not deposited by the maker
thereof with a register
or officer as aforesaid, containing any disposition relative to goods,
chattels or
personal estate, shall be proved in the county where most of the witnesses
reside.
11. If any will or codicil, making any kind
of disposition relative to goods,
chattels, or personal property or rights, or appointing an executor, be
exhibited
for proof to the register of wills, in the county wherein the will ought
to be
proved, in the recess of the court, and any of the next relations of the
deceased
shall attend, and make no objections, or enter no caveat, or if it shall
appear
that reasonable notice hath been given to such of the next relations as
might
conveniently be therewith served, of the time of exhibiting the said will
or codicil,
and no person shall object, or enter a caveat, the register shall thereupon
proceed to take the probat, and to grant letters testamentary accordingly.
12. If any such will or codicil, respecting
personal property, or appointing an
executor, be exhibited for probat to the orphans court of the county where
the
same may be proved, and any of the next relations of the deceased shall
attend,
or if notice shall appear to have been given as aforesaid, and no caveat
shall have
been made against the said will or codicil, the said court may forthwith
proceed
to take the probat of such will or codicil.
13. If any such will or codicil, respecting
personal property, or appointing an
executor, be exhibited to the orphans court, and none of the near relations
of
the deceased shall attend, and no notice shall appear to have been given,
the
said court may either direct summons to the said near relations, or some
one or
more of them, to appear, on some fixed day, to shew cause wherefore the
will
or codicil shall not be admitted, or direct such notice to be given in
the public
papers, or otherwise, as they may think proper; and if no objection shall
be
made on, or caveat entered on or before the day fixed, the said court,
or the register
of wills in their recess, may proceed to take the probat of such will
or
codicil; but if objection shall be made, on or before the day appointed,
the
orphans court only shall have cognizance of the affair, and shall determine
according
to the testimony produced on both sides.
14. If any person whatever shall enter a caveat
against any such will or codicil,
respecting personal property, or appointing an executor, either before
or after it
shall be exhibited to the register of wills or orphans court, the said
caveat shall
be decided only by the orphans court.
15. In case any person shall enter a caveat
against any will or codicil, respecting
personal property, or appointing an executor, of which probat shall have
been taken by the register as aforesaid, no letters testamentary shall
be granted,
until a determination shall be had in the orphans court.
16. In case the adjudication of any orphans
court, to whom any such will or
codicil, respecting personal property, or appointing an executor, shall
be exhibited
for probat, shall be against the said will or codicil, it shall not be
received
for probat in any other county; provided nevertheless, that either
party, conceiving
him or herself aggrieved by the decision of the orphans court, relative
to the probat, may, within three days after such decision, enter an appeal
to
the court of chancery, or the general court of the shore whereupon such
orphans
court is held; and the said appeal shall stay further proceedings of the
orphans
court, provided an attested copy of the whole proceedings, under the seal
of
office, be filed in the said chancery court, or general court, within twenty
days
thereafter; and the decree of the chancery court, or general court, to
be given
on the transcript only, shall be final and conclusive; and the orphans
court shall
proceed according to the said decree, an attested copy whereof shall be
transmitted,
under the great seal, to the orphans court.
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