ART. 93] WILLS. 2159

its jurisdiction, provided that before the original will is taken from
the office of said register of wills for the purpose of being so proved, the
said register shall cause to be made out and filed among the records of
hi? court a copy of said will duly certified under the seal of his court;
and the probate of any will so taken shall have the same effect and be
as valid as if all of the witnesses thereto had appeared' before and been
examined by the orphans' court or the register of wills of the county
or city where the same had been filed for probate and record; provided
further that the orphans' court may in their discretion, accept proof of
any will, in the manner prescribed in section 353, when the attendance
of the witnesses thereto cannot, in the judgment of the said court, be

conveniently had.

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. 536. And see Worthington v.
Gittings. 56 Md. 549.

For other cases involving the act of 1831. ch. 335. see Colvln v. Warford.
20 Md. 380; Warford v. Colvin. 14 Md. 532; Eandall v. Hodges, 3 Bl. 481;
Townshend v. Duncan, 2 Bl. 86.

1904. art. 93. sec. 344. 1888. art 93. sec. 335. 1860. art. 93, sec. 324.
1785. ch. 46, secs. 2-4.

351. A copy of the record of any will which the laws of the State

or country where the same may be executed require to be recorded or
registered, and which hath been recorded or registered agreeably to such
laws, under the hand of the keeper of such record or register, and the
seal of the court or office in which such record or register hath been
made, or a copy of any will lodged for safe keeping in any office or
court agreeably to the laws of the State or county a? aforesaid, and
certified as aforesaid, shall be good and sufficient evidence in any court
in this State to prove such will. Where any will hath been or shall be

executed in any other of the United States, or in any foreign country,
and to give validity to which recording or registering is not or shall
not be made necessary, proof of the execution thereof by the oath of
the subscribing witnesses to the same, or any of them, taken before
tiny court, judge or justice, or other officer of the State or country
where such will hath been or may be executed, having by law authority
to administer an oath, and a certificate under seal from the governor,
chief magistrate, or a notary public of such State or country, that the
court or officer before whom such oath shall be taken hath authority to
administer the same, and that, such oath hath been duly made before
such court, judge, justice or officer, shall be good and sufficient evi-
dence in any court in this State to prove such will.

A copy of a will from the records of another state is not admissible in

evidence in this state for (he purpose of proving title to land situated here.

Beatty v. Mason, 30 Md. 411; Budd r. Brooke, 3 Gill. 232.

This section referred to in construing section 334—see notes thereto. This

section makes no distinction between wills of real property and those of

personalty. Lindsay v. Wilson, 103 Md. 267.

This section construed in connection with sections 35 and 354—see notes

to section 35. Dalrymple v. Gamble, 66 Md. 311.