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some one or more of them, to appear, on some fixed day, to
shew cause wherefore the will or codicil should not be proved,
or direct such notice to be given in the public papers, or other-
wise, as they may think proper ; and if no objection shall be
made, 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 said court shall have
cognizance of the affair, and shall determine according to the
testimony produced on both sides,
SEC. 9. If any person whatever shall enter a caveat against
any such will or codicil respecting personal property, or appoint-
ing an executor, either before or after it shall be exhibited to
the register of wills or orphans court, the said caveat shall be
decided by the said court.
SEC. 10. 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.
SEC. 11. 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 said 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 whereon such orphans court is
held ; and the said appeal shall stay further proceedings of the
orphans court, provided an attested copy of the whole proceed-
ings, under the seal of the office, be filed in the said chancery
court, or general court, within sixty 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 seal, to the
orphans court.
The appeal is remodelled by the act of 1818, ch. 204.
SEC. 12. 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
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How wills
shall be
authentica-
ted or
proved.
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