TESTAMENTARY LAW. 299Y

This section referred to in discussing the retroactive operation vel non of other
statutes. Estep v. Mackey, 52 Md. 596; Williar v. Baltimore, etc., Loan Assn.,
45 Md. 557.

For cases dealing with retroactive operation vel non of act of 1849, ch. 229,
secs. 1 and 2, prior to the Code of 1860, see Wilson v. Wilson, 6 Md. 488; Alexander
v. Worthington, 5 Md. 471 (see reporter's note at end of case); Magruder v. Carroll,
4 Md. 346; Carroll y. Carroll, 16 How. 275.

As to the law prior to the adoption of the act of 1849, ch. 229, see Alexander v.
Worthington, 5 Md. 471; Kemp v. McPherson, 7 H. & J. 320.

An. Code, sec. 337. 1904, sec. 330. 1888, sec. 322. 1798, ch. 101, sub-ch. 2.

347. Probate of wills may be made in the following manner, that is
to say:

See notes to secs. 348 and 355.

An. Code, sec. 338. 1904, sec. 331. 1888, sec. 323. 1798, ch. 101, sub-ch. 15, sec. 1. 1831,

ch. 315, sec. 1.

348. The orphans' courts, and in their recess, the registers of wills in
this State, are authorized to take the probate of any will, testament or
codicil, whether the same has relation to real or personal estate, or to both
real and personal estate.

In the light of this section and of secs. 331, 332, 353 to 356 and 358 and 359,
the jurisdiction of orphans' court to probate wills held 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 orphans' court admitting it to probate. When a will has been
probated and letters testamentary granted before a caveat is filed, such action of
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 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 proceeding to probate a will is one in rem
and calls for exercise of judicial rather than ministerial powers of the court. Meaning
of term " probate." The probate of a will by orphans' court, like any other judgment
of a court of competent jurisdiction, is conclusive until reversed or set aside accord-
ing to law. Bradley v. Bradley, 119 Md. 62.

What is meant by the probate of a will, and what is necessary thereto? Tilghman
v. France, 99 Md. 615.

The probate of a will decides merely on jactum of instrument, and not upon
right of disposition or proper exercise of a power; latter questions belong to courts
of law and equity. Michael v. Baker, 12 Md. 168.

This section referred to in deciding that when a will has been granted or denied
probate after contest, the decision is final and same question cannot again be
raised by suit in ejectment. Operation and effect of the act of 1831, ch. 315.
Johns v. Hodges, 62 Md. 534.

For other cases involving the act of 1831, ch. 315, see Colvin v. Warford, 20 Md.
386; Warford v. Colvin, 14 Md. 532; Randall v. Hodges, 3 Bl. 481; Townshend v.
Duncan, 2 Bl. 86.

Act of orphans' court in admitting to record as a will a paper which is not a
testamentary paper is null and void. Robey v. Hannon, 6 Gill, 463.

For a case drawing a distinction between effect of probate of a will of real estate
and one of personalty, under acts of 1715, ch. 39, and 1798, ch. 101, see Warford v
Colvin, 14 Md. 553. And see Randall v. Hodges, 3 Bl. 481.

See notes to secs. 332 and 355; see also secs. 281 and 353.

An. Code, sec. 339. 1904, sec. 332. 1888, sec. 324. 1798, ch. 101, sub-ch. 2, sec. 2.

349. It shall be lawful for any private person in whose possession or
custody a will or codicil shall be after the death of the testator to open and
read the same in the presence of any near relations of the deceased who
may conveniently have notice thereof, and other persons, and immediately