ART. 93] WILLS. 2145

devise or bequeath the right of entry or reverter which may arise on
breach of such condition or conditions, under the following restrictions.

There is nothing in sections 319 to 336 prohibiting an attesting witness to
a will from being a beneficiary thereunder. Leitch v. Leitch, 114 Md. 336.

The act of 1798, ch. 101, sub-ch. 1, section 1, did not embrace leasehold
property. Origin of this section. Devecmou v. Devecmon, 43 Md. 346. And
see Holzman v. Wager, 114 Md. 322.

A power of sale in a will extends to surviving executors, trustees, etc., or
to his or their successor, unless the will Indicates a contrary intention—art.
16, sec. 251.

1904, art 93, sec. 315. 1888, art. 93, sec. 308. 1860, art. 93. sec. 299. 1798, ch. 101,

sub-ch. 1, sec. 2.

320. No will, testament or codicil shall be effectual to create any
interest or perpetuity, or make any limitation, or appoint any uses not
now permitted by the constitution or laws of this State.

Cited but not construed in Russell v. Alien, 107 U. S. 163: Ould v. Wash-
ington Hospital, 95 U. S. 303.

1908, ch. 569.

321. The rule against perpetuities shall not apply to any contingent
remainder, executory devise, bequest or limitation of real or personal
property, or both, by will or testament, intended to transfer the same
from any corporation incorporated for charitable or educational objects
to an individual or from any such corporation to any other such cor-
poration on a contingency or future event, nor to any condition subse-
quent, or breach thereof upon which any such devise, bequest or limita-
tion is intended to operate. This section is not intended to be, and
shall not be construed as an interpretation of existing law.

1904, art. 93, sec. 316. 1888, art. 93, sec. 309. 1860, art. 93, sec. 300. 1798, ch. 101,

sub-ch. 1, sec. 3.

322. No will, testament or codicil shall be good and effectual for
any purpose whatsoever, unless the person making the same be at the
time of executing or acknowledging it as hereafter directed, of sound
and disposing mind, and capable of executing a valid deed or contract.
No will, testament or codicil shall be good and effectual to pass any
interest or estate in any lands, tenements or incorporeal hereditaments,
unless the person making the same, if a male, be of the full age of
twenty-one years, and if a female, of the full age of eighteen years.*

This section furnishes the rule by which the capacity of a testator is to
be measured. Burden of proof Tyson v. Tyson, 37 Md. 582; Davis v.
Calvert, 5 G. & J. 299.

A prayer which explains clearly the terms used in this section but does
not vary them, is proper. Calvin v. Warford, 20 Md. 388; Higgins v. Carlton,
28 Md. 125.

The last portion of this section has no application to leasehold property,
that is a term of years in esse, and hence, a will bequeathing such property
is valid though executed before the testator is of legal age; this rule is not

*No attempt is here made to collect or annotate the cases involving testa-
mentary capacity—see Brantly's Digest.