ART. 93] WILLS, 2161

recorded in Maryland. (See, however, section 76). Wright v. Gilbert, 51
Md. 152. And see Ratrie v. Wheeler, 6 H. & J. 94.

How a will should be certified to be admissible in evidence under this
section. Province of the register as to the authentication of the copy. The
orphans' court has no jurisdiction to entertain a caveat to the record of
such a copy, the only inquiry being whether there has been sufficient proof to
admit the copy to record, and such question must be passed upon by the
register Effect of the record of a copy of a will. Beatty v. Mason, 30 Md.
412 (decided prior to the act of 1882, ch. 285).

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. Application of this section. Lindsay v. Wilson, 103 Md. 267.

This section referred to in connection with section 35—see notes thereto.
Dalrymple v. Gamble, 66 Md. 305.

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

For a statute curing conveyances of real estate by the executors of non-
residents, see art 21, sec. 81.

1904, art. 93, sec. 348. 1888, art. 93, sec. 339. 1860, art. 93, sec. 328.
1831. ch. 315, sec. 16.

355. Every will, when proven, shall be retained and preserved in
the office of the register of wills of the county, and shall not be delivered
out of such office to any person or persons whomsoever; and every issue
of devisavit vel non sent from a court of equity shall be tried in the
county of the office aforesaid, at which trial said will may be adduced
in evidence under the care of said register, or of any person in that
behalf by him deputed, under a subpoena duces tecum, issued on the
special order of the court holding such trial; and in like manner such
will may be produced in evidence on the trial in any court of this State
of any issue involving the said will, and requiring its production, in
the opinion of the said court; but the said will shall not at any time
be taken or kept out of the care and custody of the said register, or of
the person deputed as aforesaid.

The alleged will should not be transmitted to the court of law with the
issues, but this section should be followed. Conuelly v. Beall, 77 Md. 120.

This section referred to in deciding that a paper writing had not been
admitted to probate. Chase v. Stockett, 72 Md. 250.

This section referred to in construing the act of 1831, ch. 315—see notes
to section 350. Warford v. Colvin, 14 Md. 556.

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

Ibid. sec. 349. 1888, art. 93, sec. 340. 1864, ch. 157.

356. Every register of wills in this State shall receive for safe
keeping the will of any living person who resides in the city or county

for which such register is appointed, every such will being first sealed
up and endorsed with the name of the testator, its date, and the date
of its delivery to the register, and the name of the executor or other
person to whom it may be delivered at the death of the testator; and
such register shall receive for each will so deposited fifty cents, and
shall immediately index it in an index to be kept for that purpose,
and there keep it in a depository to be kept for that purpose, until the
death of the testator, unless delivered to such testator or to his order,
in his lifetime, upon a receipt thorefor being given on said index.