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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 894   View pdf image (33K)
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894 TESTAMENTARY LAW. [ART. 93

executed or of the testator's domicile, or according to the forms required
by the law of this State shall, be deemed to be legally executed, and
shall be of the same force and effect as if executed in the mode pre-
scribed by the law of this State, provided, said last will and testament
is in writing and subscribed by the testator; and if the testator was
originally domiciled in Maryland, although at the time of making the
will or at the time of his death he may be domiciled elsewhere, the said
last will or testamentary instrument 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.

338.

In the light of this section and of sections 322, 323, 343 to 346 and 34S
and 349, the jurisdiction conferred upon the 'orphans' court to take probate
of wills held to be exclusive, and a court of equity held to have no power
to determine whether a will should be probated or to revoke an order
of the orphans' court admitting it/to probate. When a will has been pro-
bated and letters testamentary granted before a caveat is filed, such action
of the orphans' court cannot be reviewed or revoked by a court of equity.
Injunction denied. Bradley v. Bradley, 117 Md. 519; Bradley v. Bradley,
119 Md. 649.

While the jurisdiction conferred upon the orphans' court by this section
is exclusive, that court is in the exercise of such jurisdiction limited to
the probate of wills, testaments and codicils; it is not authorized to take
probate of any paper writing not of such testamentary character. A pro-
ceeding to probate a will is one in rent, and calls for the exercise of judi-
cial rather than the ministerial powers of the court. Meaning of the term
"probate" and what is involved therein. The probate of a will by the
orphans' court, like any other 'judgment of a court of competent jurisdic-
tion, is conclusive until reversed or set aside according to law. Bradley v.
Bradley, 119 Md. 62.

341.

See notes to section 14.

343.

See notes to section 338.

344.

See notes to section 338.

345.

See notes to section 338.

346.

See notes to section 338. .

348.

See notes to section 338.

349.

See notes to section 338.

 

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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 894   View pdf image (33K)
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