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Proceedings and Acts of the General Assembly, 1796
Volume 105, Page 293   View pdf image (33K)
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TESTAMENTARY SYSTEM.

    17.  If no objections shall be made to the probat of a will or codicil, respecting
personal property, or appointing an executor, or no caveat shall be filed against
the same before probat, it shall not be necessary to examine all the witnesses, unless
they shall voluntarily attend, but the probat may be made on such proof as
shall be sufficient to give efficacy to a will or codicil for passing personal property;
provided that every executor, or other person, exhibiting a will, shall be examined,
on oath, whether or not he knows of any other will or codicil, and in
what manner the will or codicil exhibited came to his hands.

    18.  If the probat of any will or codicil be taken as aforesaid, without contest,
any person, before letters testamentary, or of administration with a copy of the
will, shall be actually granted, may file a petition to the court, praying that the
case be again examined and heard, and thereupon the orphans court shall delay
the granting of letters until a decision shall be had on the said petition; and in
case letter shall have been granted, and any person shall file such petition, and
the court, on hearing both sides, that is to say, the petitioner and the grantee of
such letters, shall decide against the probat, the letters aforesaid shall be revoked,
and the power of the party, under the said letters, shall cease; and the said will
shall not be proved in any other county, unless the decision be reversed by the
court of chancery, or general court.

CHAP. III.

How and to whom letters testamentary or of administration are to be obtained.

    1.  When any will or codicil, respecting personal property, shall have bee
authenticated as aforesaid, or proved as aforesaid before the register of
wills, or orphans court, letters testamentary may forthwith be committed to the
executor, executrix or executors, named in the said will or codicil; provided the
said executor or executrix, or each of the executors, shall execute a bond to the
state of Maryland, with two good sureties, approved by the said register or orphans
court, as the case may require, and in such penalty as the said register or
court may require, conditioned for the faithful performance of the trust in him
or her reposed as executor or executrix, to be lodge and recorded in the said
register's office, and subject to be put in suit as hereafter mentioned.

    2.  If the executor or executrix, or all the executors named in a will who
shall not have renounced in the manner hereafter directed, shall, in due time,
procure an attested copy of the said will, and of the authentication or probat,
under the seal of the office where it was authenticated or proved, and shall produce
the same to the orphans court, or in its recess to the register of wills, in
any county wherein is personal property of the testator or testatrix to be administered,
the said will, and the authentication or probat thereof, shall be there recorded,
and letters testamentary may be granted to the said executor or executrix,
or all the executors, not renouncing, by the said court, or in its recess by the 
said register, at any time within forty days from the date of the said copy, on
his, her or their executing bond or bonds as aforesaid; and in case of sickness of,
or accident to, or reasonable excuse made in behalf of, any such executor or
executrix, the said court, or register, may allow a further time, not exceeding
thirty days, for filing such bond, and taking such letters; but in no case shall
letters testamentary be granted in such county, after the expiration of such time
allowed, or in any other county except that wherein the will was authenticated
or proved; and it shall be the duty of such executor or executrix to transmit to
the court where the will was authenticated or proved, a certificate, under a seal of
the register of wills of the county wherein letters testamentary shall have been
granted, to shew that such letters have been granted.

    3.  If there be only one executor or executrix named, and he or she shall
have been present at the authentication or probat of the will, and shall not,
within thirty days thereafter, file a bond as aforesaid, or procure an attested copy,
under seal as aforesaid, for the purpose of taking letters as aforesaid, in another
county, letters of administration, with the copy of the will annexed, may be

 

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Proceedings and Acts of the General Assembly, 1796
Volume 105, Page 293   View pdf image (33K)
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