ART. 93.] TESTAMENTARY LAW. 687

sons, with the consent of her husband subscribed to said will;
Provided always, that the wife shall have been privately exa-
mined by the witnesses to her will, apart from and out of the
presence and hearing of her husband, whether she doth make
the same will freely and voluntarily, and without being induced
thereto by fear or threats of, or ill usage by, her said husband,
and says she does it willingly and freely; but no will under this
section shall be valid unless made at least sixty days before the
death of the testatrix. This section not to apply to property
acquired after the adoption of this code.

309. Every last will and testament executed in due form of
law after the first day of June, eighteen hundred and fifty, shall
pass all the real estate which the testator had at the time of his
death.

310. Probate of wills may be made in the following manner,
that is to say:

311. The Orphans' Courts, and in their recess, the Eegisters
of Wills in this State, are authorized to take the probate of any
will, testament, or codicil, whether the same has relation to real
or personal estate, or to both real and personal estate.

312. It shall be lawful for any private person, in whose pos-
session or custody a will or codicil shall be, after the death of
the testator, to open and read the same in the presence of any
near relations of the deceased, who may conveniently have
notice thereof, and of other persons, and immediately thereafter
to deliver the same to the Register of Wills of the county, whose
duty it shall be to keep the same safe until proceedings may be
had for the probate thereof in the said office, or until it be de-
manded by an executor or other person authorized to demand it,
for the purpose of having it proved according to law.

313. If any private person in whose possession or custody a
will or codicil shall be after the death of the testator, shall
wilfully neglect to deliver the same to the Register of Wills of
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 shall be known to him, he shall be subject, on convic-
tion in a court of law, to such fine as the court shall in their dis-
cretion think proper.