2146 TESTAMENTARY LAW. [ART. 93

altered by article 53. section 24; contra, where the will creates the term of
years or leasehold interest. Holzman v. Wager, 114 Md. 322.

The effect of the portion of this section relative to the requisite age of a
female to make a will, referred to in discussing when a female becomes of
age for other purposes. Waring v. Waring. 2 Bl. 674; Corrle's Case, 2 Bl.
491; Davis v. Jacquin, 5 H. & J. 110.

For a case involving the subsequent adoption and ratification of a will not
valid when made, see Boofter v. Rogers. 9 Gill, 44.

Cited but not construed in Garrison v. Hill, 81 Md. 556.

See notes to sec. 323.

1904, art 93, sec. 317. 1888. art. 93, sec. 310. 1860, art. 93, sec. 301. 1798. ch. 101,
sub-ch. 1, sec. 4. 1884, ch. 293.

323. All devises and bequests oi any lands, or tenements, or interest
therein, and all bequests of any goods, chattels or personal property of
any kind, as described in section 319, shall be in writing and signed by
the party so devising or bequeathing the same, or by some other person
for him, in his presence and by his express direction, and shall be
attested and subscribed in the presence of the said devisor by two or
more credible witnesses, or else they shall be utterly void and of none
effect.

Attestation.

It is not necessary that all of the witnesses should actually see the testator
sign; it is sufficient if they are present when he signs, or if the paper after
being signed is acknowledged as a will in their presence, and is signed and
attested by them in his presence. Btchison v. Etchlson, 53 Md. 357. And see
Stirling v. Stirling. 64 Md. 138; Wampler v. Wampler, 9 Md. 540; Cramer v.
Crumbaugh, 3 Md. 491: Mason v. Harrison. 5 H. & J. 480. Cf. Welty v.
Welty, 8 Md. 22; Edelen v. Hardey. 7 H. & J. 67.

The witnesses must be requested to sign by the testator. What amounts to
a request? Gross v. Burneston, 91 Md. 386; Etchison v. Etchison, 53 Md. 357;
Higgins v. Carlton, 28 Md. 141. And see Brengle v. Tucker, 114 Md. 602.

A will is duly attested where another person signs the name of the witness,
the latter making his mark. Appeal of Reaver's Executors, 96 Md. 736.

The word "credible" defined. An executor who is also appointed guardian
of the testator's children is a competent witness. Estep v. Morris. 38 Md.
423; Higgins v. Carlton, 28 Md. 140. And see Leitch v. Leitch, 114 Md. 336.

A paper written and signed by the deceased, witnessed by a physician and
delivered by the former just prior to his death to a third party in the pres-
ence of various persons who knew that the deceased was attempting to
make a will, held Invalid because of a failure to comply with this section.
Brengle v. Tucker. 114 Md. 597.

A memorandum indorsed "for the instruction of my executors", written
in the testator's handwriting two days after the execution of a will but not
attested, can not operate as a will. Such a paper could not be incorporated
into the will by reference because it was not in existence when the will
was executed. Chase v. Stockett, 72 Md. 245.

As to the examination of witnesses to wills, see sec. 350: for the procedure
when they are dead or inaccessible, see sec. 353.

Generally.

Although parol evidence has not been excepted to as provided by article
5, section 36. it. will not be given effect so as practically to make a will for a
testator contrary to this section. Lowe v. Whitridge, 105 Md. 189,

A will held to have been executed and attested in conformity with this
and the preceding section. Buchanan v. Turner, 26 Md. 4.

For a case involving the signature of a testator by his mark with the
assistance of one of the subscribing witnesses, see Higgins v. Carlton, 28 Md.
122.