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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