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ART. XCIII] WILLS. 709
343.
See notes to section 344.
344.
It is only where none of the near relations of the deceased are present
when the will is exhibited for probate that it must appear that reasonable
notice was given them; where any of the near relatives attend and no
objection or caveat is filed, the orphans' court may probate the will. The
order of the orphans' court admitting a will to probate should not be
rescinded because one of the heirs or next of kin subsequently determines
to caveat the will. If the authority of the orphans' court to probate the
will had depended upon notice to the near relations, that court .could have
determined, subject to an appeal, whether such notice had been given; if
the action of the court was procured by material misrepresentation, how-
ever innocent, its order based thereon could be rescinded. Lederer v.
Johannsen, 124 Md. 455; Linthicum «. Linthicum, 130 Md. 151.
345.
See notes to section 344.
346.
See notes to section 344.
347.
See notes to section 344.
348.
See notes to section 344.
353.
Attestation of a witness upheld under this section; see notes to section
323. Woodstock College v. Hankey, 129 Md. 681.
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