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How wills
shall be
authentica-
ted or
proved.
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person authorized to demand it, for the purpose of having it
proved according to law.
SEC. 3. If any private person, in whose possession or custody
a will or codicil shall be, after the death of the testator or testa-
trix, shall wilfully 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 in their discretion think
proper.
SEC. 4. An attested copy, under the seal of office, of any will,
testament or codicil, recorded in any office authorized 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 codi-
cil be subject to be contested until a probat hath been had
according to this act.
SEC. 5. Any will, or codicil, containing any disposition rela-
tive to goods, chattels or personal estate, may be proved in the
county where most of the witnesses reside, or in the county in
which letters testamentary or of administration maybe granted.
SEC. 6. If any will or codicil, making any 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 may 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 rela-
tions 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.
SEC. 7. If any such will or codicil, respecting personal pro-
perty, 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.
SEC. 8. If any such will or codicil, respecting personal pro-
perty, 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
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