ART. 93.] TESTAMENTARY LAW. 689

319. If no objections shall be made to the probate of a will or
codicil, or no caveat shall be filed against the same before pro-
bate, it shall not be necessary to examine all the witnesses in
case the will passes personal property only, unless they shall
voluntarily attend; but probate may be taken on such proof as
shall be sufficient to give efficacy to a will or codicil for passing
personal property; Provided, that every executor or other person
exhibiting a will, shall be examined on oath whether or not he
knows of any other will or codicil, and in what manner the will
or codicil exhibited came to his hands.

320. If the probate of any will or codicil be taken as afore-
said without contest, any person, before letters testamentary or
of administration, with a copy of the will, shall be actually
granted, may file a petition to the court praying that the case
may be again examined and heard; and thereupon the Orphans'
Court shall delay the granting of letters until a decision shall be
had on the petition; and in case the 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 probate, the
letters aforesaid shall be revoked, and the power of the party
under the letters shall cease; and the said will shall not be
proved in any other county, unless the decision be reversed on
appeal.

321. In case the adjudication of the Orphans' Court to whom
any will or codicil shall be exhibited for probate shall be against
the said will or codicil, it shall not be received for probate in any
other county.

322. 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.

323. Any probate of a will or codicil taken by the Orphans'
Court or Register of Wills, so far as the same concerns real
estate, shall be taken only as prima facia evidence of such will
or codicil; and in proving a will or codicil concerning real estate,
all the witnesses thereto shall be examined, if their attendance
can be had.

VOL I.—44