598

LAWS OF MARYLAND.— 1810.

CHAPTER 34.

*1798, ch.
101.

A further SUPPLEMENT to the ACT, entitled, an Act for the amending,
and reducing into system, the Laws and Regulations concerning last
Will* and Testaments, the duties of Executors, Administrators and
Guardians, and the rights of Orphans and other Representatives of
deceased persons.
See notes to the original law, ante page 370.

No nuncu-
pative will
to be good
where es-
tate be-
queathed
exceeds
$300, unless
proved by
three wit-
nesses, &c.

SEC. 1. Be it enacted, by the General Assembly of Maryland,
That no nuncupative will hereafter to be made shall be good,
where the estate thereby bequeathed shall exceed the value of
three hundred dollars, that is not proved by the oaths of three
witnesses at the least who were present at the making thereof,
nor unless it be proved that the testator, at the time of pro-
nouncing the same, did bid the persons present, or some of
them, to bear witness that such was his will, or to that effect,
nor unless such nuncupative will were made in the time of the
last sickness of the deceased, and in the house of his or her
habitation or dwelling or where he or she hath been resident for
the space of ten days or more next before the making of such
will, except where such person was surprised or taken sick,
being from his own home, and died before he or she returned
to the place of his or her dwelling.

Six months
after
speaking
pretended
testamenta-
ry words,
no testimo-
ny to be
received
unless com-
mitted to
wiiting, &c.

SEC. 2. And be it enacted, That six months after the speak-
ing of the pretended testamentary words, no testimony shall be
received to prove any will nuncupative, except the said testi-
mony, or the substance thereof, were committed to writing
within six days after the making of the said will ; but any sol-
dier, being in actual military service, or any mariner or seaman,
being at sea, may dispose of his moveables, wages and personal
estate, as he or they might have done before the passing of
this act.

No will in
writing to
be repealed
or altered
eicept in
life-time of
testator
committed
to writing,
&c.

SEC. 3. And be it enacted. That no will in writing concern-
ing any goods or chattels, or personal estate, shall be repealed,
nor shall any clause, devise or bequest therein, be altered or
changed by word of mouth only, except the same be in the life-
time of the testator committed to writing, and after the writing
thereof read unto the testator, and allowed by him, and proved
to be so done by three witnesses at the least.

No devise,
&c. to lapse
by death of
any devisee
named in
will, &c.

SEC. 4. And be it enacted, That from and after the passage
of this act, no devise, legacy or bequest, shall lapse or fail of
taking effect by reason of the death of any devisee or legatee
named in any last will or testament, or any codicil thereto, in
the life-time of the testator, but every such devise, legacy or
bequest, shall have the same effect and operation in law to
transfer the right, estate and interest, in the property mentioned
in such devise or bequest, as if such devisee or legatee had sur-
vived the testator.