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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2995   View pdf image (33K)
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TESTAMENTARY LAW. 2995

An. Code, sec. 332A. 1912, ch. 144.

342. Whenever by any form of words in any deed, will or other instru-
ment executed after the thirty-first day of May, in the year nineteen
hundred and twelve, a remainder in real or personal property shall he
limited, mediately or immediately, to the heirs or the heirs of the body of
a person to whom a life estate in the same property is given, the persons
who on the termination of the life estate are then the heirs or heirs of the
body of such tenant for life, shall take as purchasers by virtue of the con-
tingent remainder so limited to them.

This section referred to in construing a deed under rule in Shelley's case and
statute of uses. Exception to sale sustained. Williams v. Armiger, 129 Md. 226.

This section referred to in a case dealing with rule in Shelley's case prior to adop-
tion of this section. Holmes v. Mackenzie, 118 Md. 217.

An. Code, sec. 333. 1904, sec. 326. 1888, sec. 318. 1810, ch. 34, sec. 1. 1884, ch. 293.

343. No nuncupative will shall hereafter be valid in this State; but
any soldier being in actual military service, or any mariner being at sea,
may dispose of his movables, wages and personal estate as heretofore.

As to the requisites of a nuncupative will, and the law prior to act of 1884, ch.
293, see Hammett v. Shanks, 41 Md. 219; Biddle v. Biddle, 36 Md. 630; O'Neill v.
Smith, 33 Md. 572; Weems v. Weems, 19 Md. 348; Welling v. Owings, 9 Gill, 470;
Dorsey v. Sheppard, 12 G. & J. 199; Brayfield v. Brayfield, 3 H. & J. 208.
Cited but not construed in Lindsay v. Wilson, 103 Md. 266.

An. Code, sec. 334. 1904, sec. 327. 1888, sec. 319. 1810, ch. 34, sec. 2. 1884, ch. 293.
1888, ch. 544. 1894, ch. 151. 1914, ch. 238

344. Every will or other testamentary instrument executed without
this State in the mode prescribed by law, either of the place where 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 prescribed by the law of
this State, provided, said last will and testament is in writing and sub-
scribed 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.

A holographic will made in France, not witnessed, but executed in accordance
with the laws of France is valid to pass real estate in Maryland. This section quali-
fies sec. 332. History of this section. The word " valid" construed. This section
refers to wills of real estate as well as to those of personalty. Effect of latter por-
tion of this section upon construction and interpretation of will written in French.
Lindsay v. Wilson, 103 Md. 266.

The portion of this section making valid in Maryland a will executed as required
by law of place where it is executed applied. Olivet v. Whitworth, 82 Md. 276.

An Code, sec. 335. 1904, sec.328. 1888, sec. 320. 1842, ch. 293, sec. 6

345. A wife shall have a right to make a will, and give all her property,
or any part thereof, to her husband, or to other persons, with the consent

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2995   View pdf image (33K)
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