2154 TESTAMENTARY LAW. [ART. 93

1904, art. 93. sec. 330. 1888. art. 93, sec. 322. 1860. art. 93, sec. 310.
1798, ch. 101, sub-ch. 2.

337. Probate of wills may be made in the following manner, that
is to say:

See notes to sections 338 and 345.

Ibid. sec. 331. 1888. art. 93, sec. 323. 1860, art. 93, sec. 311. 1798. ch. 101.
sub-ch. 15. sec. 1. 1831, ch. 315, sec. 1.

338. The orphans' courts, and in their recess, the registers of wills
in this State, are authorized to take the probate of any will, testament
or codicil, whether the same has relation to real or persona] estate, or
to both real and personal estate.

What is meant by the probate of a will, and what is necessary thereto?
Tilghman v. France, 99 Md. 615.

The probate of a will decides merely on the factum of the instrument, and
not upon the right of disposition or the proper exercise of a power; the
latter questions belong to courts of law and equity. Michael v. Baker. 12
Md. 168.

This section referred to in deciding that when a will has been granted
or denied probate after contest, the decision is final and the same question
can not again be raised by a suit in ejectment. Operation and effect of the
act of 1831. ch. 315. Johns v. Hodges, 62 Md. 534.

For other cases involving the act of 1831, ch. 315, see Colvin v. Warford.
20 Md. 386; Warford v. Colvin, 14 Md. 532; Eandall v. Hodges, 3 Bl. 481 ;
Townshend v. Duncan. 2 Bl. 86.

The act of the orphans' court in admitting to record as a will a paper
which is not a testamentary paper, is null and void. Robey v. Hannon, 6 Gill.
463.

For a case drawing a distinction between the effect of the probate of a
will of real estate and one of personalty, under the acts of 1715, ch. 39, and
1798, ch. 101, see Warford v. Colvin, 14 Md. 553. And see Randall v. Hodges.
3 Bl. 481.

See notes to sections 323 and 345; see also, sections 272 and 343.

Ibid. sec. 332. 1888, art. 93. sec. 324. 1860. art. 93. sec. 312.
1798, ch. 101, sub-ch. 2, sec. 2.

339. , It shall be lawful for any private person in whose possession
or custody a will or codicil shall be after the death of the testator to
open and read the same in the presence of any near relations of the
deceased who may conveniently have notice thereof, and other persons,
and immediately thereafter to deliver the same to the register of wills
of the county, whose duty it shall be to keep the same safe until pro-
ceedings may be had for the probate thereof in the said office, or until
it be demanded by an executor or other person authorized to demand
it for the purpose of having it proved according to law.

The executor is entitled to the custody of a will. Bridge v. Dillard. 104
Md. 422.

Cited but not construed in Campbell v. Porter, 162 U. S. 483.

Ibid sec. 333. 1888, art. 93. sec. 325. 1860, art. 93. sec. 313.
1798, ch. 101, sub-ch. 2, sec. 3.

340. If any private person, in whose possession or custody a will or
codicil shall be after the death of the testator shall wilfully neglect to
deliver the same to the register of wills of the county where the said
person resides, or where it is proper to prove the same, or to some