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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 688   View pdf image (33K)
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688 TESTAMENTARY LAW. [ART. 93.

314. Any will or codicil may be proved in the county where
most of the witnesses reside, or in the county in which letters
testamentary or of administration may be granted.

315. If any will or codicil be exhibited for proof to the Register
of Wills of the county wherein the same may be proved, in the
recess of the court, and any of the next relations of the deceased
shall attend, and make no objections, or enter no caveat, or if it
shall appear that reasonable notice of the time of exhibiting the
same hath been given to such of the next relations as might
conveniently be therewith served, and no person shall object or
enter a caveat, the register shall proceed to take the probate
thereof.

316. If any such will be exhibited for probate to the Orphans'
Court of the county where the same may be proved, and any of
the next relations of the deceased shall attend, or if notice shall
appear to have been given as aforesaid, and no caveat shall have
been made against the same, the said court may forthwith pro-
ceed to take probate thereof.

317. If any will or codicil be exhibited to the Orphans' Court,
and none of the near relations of the deceased shall attend, and
no notice shall appear to have been given, the court may either
direct summons to the said near relations, or some one or more '
of them, to appear on some fixed day to show cause wherefor
the same should not be proved, or direct such notice to be given
in the public papers or otherwise, as they may think proper;
and if no objection shall be made or caveat entered on or before
the day fixed, the court, or Register of Wills in their recess,
may take the probate of such will; but if objection shall be made
on or before the day appointed, the said court shall have cogni-
zance of the affair, and shall determine according to the testi-
mony produced on both sides.

318. If any person whatever shall enter a caveat against such
will or codicil, either before or after it shall be exhibited to the
Register of Wills or Orphans' Court, the said caveat shall be
decided by the court. If any person shall enter a caveat against
any will or codicil of which probate 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.

 

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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 688   View pdf image (33K)
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