374

LAWS OF MARYLAND.— 1798.

examined on oath, or affirmation, as the case may be, whether
or not he or she knows of any other will or codicil, and in what
manner the will or codicil exhibited came to his or her hands.
SEC. 13. If the probat of any will or codicil be taken as
aforesaid, without contest, any person, before letters testamen-
tary, 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 deci-
sion shall be had on the said petition ; and in case letters 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 ; and no
nuncupative will shall be proved within fourteen days after the
death of the testator, unless his widow (if any) and some one
of the next of kin, have been summoned to contest the same,
if they please.
CHAPTER III.

How and
of whom
letters tes-
tamentary
or of admi-
nistration
are to be
obtained.

SEC. 1. When any will or codicil, respecting personal pro-
perty, shall have been 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 ; pro-
vided 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
lodged and recorded in the said register's office, and subject to
be put in suit as hereafter mentioned.
SEC. 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