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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 2160   View pdf image (33K)
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2160 TESTAMENTARY LAW. [ART. 93

1904, art. 93, sec. 345. 1888, art. 93, sec. 336. 1860, art. 93, sec. 325.
1798, ch. 101, sub-ch. 2, sec. 4.

352. An attested copy, under the seal of office, of any will, testa-
ment or codicil, recorded in any office authorized to record the same,
shall be admitted as evidence in any court of law or equity; provided,
that the execution of the original will or codicil be subject to be con-
tested until a probate hath been had, according to the laws of this
State.

For cases apparently now inapplicable to this section by reason of changes
in the law, see Campbell v. Porter, 162 U. S. 483; Darby v. Mayer, 10 Wheat.
465.

See notes to sec. 351.

Ibid. sec. 340. 1888. art. 93, sec. 337. 1860, art 93, sec. 320. 1785, ch. 46.
sec. 3. 1892, ch. 504.

353. If any witness or witnesses to any will shall die before probate
thereof, or if at the time of the probate of any will any witness or
witnesses shall be non-residents or beyond the jurisdiction of the
orphans' court, or if for any other reason their presence cannot be
secured, then proof by any credible witness of the signature of the
testator or of the signature of any such deceased or absent witness shall
have the same effect upon the probate of said will as if said deceased
or absent witness had been present at said probate and had testified that
said will was duly executed.

This section held to have been complied with, and evidence ruled admis-
sible accordingly. Safton v. Krumm, 107 Md. 405.

Ibid. sec. 347. 1888, art. 93, sec. 338. 1860, art. 93, sec. 327. 1854, ch. 140.

1882, ch. 285.

354. Any person who may be interested in any devise or bequest
of any property within the limits of this State, or that may be brought
into this State after the bequest contained in any will admitted to
probate and recorded in any other State or territory of the United
States, or in any foreign country, may procure a copy of said will,
with a copy or certificate of the probate thereof, authenticated in the
mode and by the officer duly authorized therefor by the laws of such
State, territory or foreign country, and file the same in the office of
the register of wills of any county in this State or the city of Balti-
more; and thereupon, it shall be the duty of said register to record the
same as other wills admitted to probate in his office; and a copy of
any record which has heretofore been made or shall hereafter be made
as hereinbefore provided certified under the hand of said register and
the seal of his office, shall be evidence in all suite and actions to be
tried in any court in this State, or before any justice of the peace,
wherein the title to any property, real or personal, thereby devised or
given shall be in question, with the same force and effect as if the
original will had been admitted to probate in this State, according to
the laws thereof.

Although a will has been probated in another state and letters granted
there, no suit can be maintained here by the executors until the will is

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 2160   View pdf image (33K)
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