LAWS OF MARYLAND.— 1825.

833

CHAPTER 117.

An ACT for the Amendment of the Law.

SEC. 1. Be it enacted, by the General Assembly of Mart/land,
That in no case wherein a judgment may hereafter be rendered
in any county court, and which may be removed to the court oi
appeals, by appeal or writ of error, shall the appellant or plaintifi
in error, or the appellee or defendant in error, be permitted to
urge or insist upon any point or question which shall not
appear by the record to have been raised or made in the county
court, and upon which that court may have rendered judgment;
and the court of appeals shall not reverse or affirm any such
judgment on any point or question which shall not appear to
have been presented to the county court, and upon which that
court may have rendered judgment.

Court of
appeals re-
stricted.

SEC. 2. And be it enacted, That on an appeal to the court of
appeals, from a decree of the court of chancery, or any county
court acting as a court of equity, in which an account or ac-
counts may have been stated and reported to such court by its
discretion, the appellant shall not be permitted to urge or insist
upon any exception to any account so reported, unless it shall
appear by the record that such exception was taken or made in
the court from whose decree such appeal shall be made ; and
the court of appeals shall not reverse any decree or any excep-
tion which shall not appear to have been taken or made as
aforesaid, in the court from whose decree the appeal may be
made.

CHAPTER 119.

AN ACT respecting last Wills and Testaments.

As to
accounts.

Be it enacted, by the General Assembly of Maryland, That in
every will which may be made after the first day of April,
eighteen hundred and twenty-six, whereby any lands or real
property shall be devised to any person or persons, and no
words of perpetuity or limitation are used in any such devise,
the devisee or devisees shall take under and by virtue of such
devise, the entire and absolute estate and interest of the testator
or testatrix, in such lands or real property, unless it shall appear
by devise over, or by words of limitation, or otherwise, that the
testator or testatrix intended to devise a less estate and interest,
and provided such will shall be in all respects executed and
proved in the manner prescribed by law.

105

Devise ab-
solute ex-
ception is
expressed.