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Deputy Commissary's Guide within the Province of Maryland, 1774
Volume 139, Page 77   View pdf image (33K)
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WILLS and TESTAMENTS.        77

to be devised in the contested will, or
for obtaining any other judgment, or decree relative
thereto, on, or before the 6th May 1751,
and which hath already been determined, in
favour of such heir, or devisee, or any claiming
under them, or which is depending at the time
of passing this act, and has been prosecuted
with due diligence; but the validity of every
such will, or codicil, and the competency of
the witnesses shall be adjudged, as if this act
had not been made.  Provided nevertheless, that
no possession of an heir at law, or devisee in
such prior will or codicil, or any claiming under
them, which is consistent with, or may be
warranted by any will, or codicil attested according
to this act, * or where the estated escended,
or might have descended to to such heir at
law, till a future, or executory devise by virtue
of any will, or codicil attested, according to
this act, might take effect, shall be deemed a
possession, within this act.
 


 

Witnesses to
wills; when
legal, and
when not.

 
 
 
 
 
 
 
 
 
 
 
 
 
 

* 25 Geo. 2,
Ch. 6.

    For the statutes concerning estates pur auter
vie
, and fraudulent devises, to avoid repetition,
I refer the reader to folio 14.
 
    Written wills of personal estate, need not
any witness of their publication; and therefore
good, if in the testator's hand writing; and


 
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Deputy Commissary's Guide within the Province of Maryland, 1774
Volume 139, Page 77   View pdf image (33K)
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  << PREVIOUS  NEXT >>


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