2152 TESTAMENTARY LAW. [ART. 93
A devise over conceded not to be void for indefiniteness under this section.
Lumpkin v. Lumpkin, 108 Md. 487.
Cited but not construed in Pennington v. Pennington, 70 Md. 438; Car-
penter v. Boulden, 48 Md. 129.
For a similar section applicable to deeds, see art. 21, sec. 90.
1904, art. 93, sec. 326. 1888, art. 93, sec. 318. 1860, art. 93, sec. 306. 1810, ch. 34,
sec. 1. 1884, ch. 203.
333. No nuncupative will shall hereafter be valid in this State; but
any soldier being in actual military service, or any mariner being at
sea, may dispose of his movables, wages and personal estate as hereto-
fore.
As to the requisites of a nuncupative will, and the law prior to the act of
1884, ch. 293, see Hammett v. Shanks, 41 Md. 219; Blddle v. Biddle, 36 Md.
630; O'Nelll v. Smith, 33 Md. 572; Weems v. Weems, 19 Md. 348; Welling v.
Owings, 9 Gill, 470; Dorsey v. Sheppard, 12 G. & J. 199; Brayfield v. Bray-
field, 3 H. & J. 208.
Cited but not construed in Lindsay v. Wilson, 103 Md. 266.
Ibid. sec. 327. 1888, art. 93, sec. 319. 1860, art. 93, sec. 307. 1810, ch. 34,
sec. 2. 1884, ch. 293. 1888, ch. 544. 1894, ch. 151.
334. Every will or other testamentary instrument made out of the
State shall be held to be valid in Maryland, if the same be made
according to the forms required by the law of the place where the same
was made or by the law of the place where the testator was domiciled
when the same was made, or according to the forms required by the
law of this State; and if the testator was originally domiciled in Mary-
land, although at the time of making the will or at the time of his
death he may be domiciled elsewhere, the said will or testamentary
instrument then so executed shall be admitted to probate in any orphans'
court of this State; and when so admitted shall be governed by and
construed and interpreted according to the law of Maryland, without
regard to the lex domicilii, unless the testator shall expressly declare
a contrary intention in said will or testamentary instrument.
A holographic will made in Prance, not witnessed, but executed in accord-
ance with the laws of France, is valid to pass real estate in Maryland. This
section qualifies section 323. History of this section. The word "valid"
construed. This section refers to wills of real estate as well as to those
of personalty. Effect of latter portion of this section upon the construction
and interpretation of a will written in French. Lindsay v. Wilson, 103 Md.
266.
The portion of this section making valid in Maryland a will executed as
required by the law of the place where it is executed, applied. Olivet v.
Whitworth, 82 Md. 276.
Ibid. sec. 328. 1888, art. 93, sec. 320. 1860, art. 93, sec. 308.
1842, ch. 293, sec. 6.
335. A wife shall have a right to make a will, and give all her
property, or any part thereof, to her husband, or to other persons, with
the consent of her husband subscribed to said will; provided always,
that the wife shall have been privately examined by the witnesses to
her will, apart from and out of the preserce and hearing of her hus-
band, 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
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