TESTAMENTARY LAW. 3'003

This section referred to in construing sec. 344—see notes thereto. This section
makes no distinction between wills of real property and those of personalty. Lindsay
v. Wilson, 103 Md. 267.

This section construed in connection with secs. 36 and 364—see notes to sec. 36.
Dalrymple v. Gamble, 66 Md. 311.

An. Code, sec. 352. 1904, sec. 345. 1888, sec. 336. 1798, ch. 101, sub-ch. 2, sec. 4.

362. An attested copy, under the seal of office, of any will, testament
or codicil, recorded in any office authorized to record the same, shall be
admitted as evidence in any court of law or equity; provided, that the
execution of the original will or codicil be subject to be contested until a
probate hath been had, according to the laws of this State.

For cases apparently now inapplicable to this section by reason of changes in the
law, see Campbell v. Porter, 162 U. S. 483; Darby v. Mayer, 10 Wheat, 465..
See notes to sec. 361.

An. Code, sec. 353. 1904, sec. 346. 1888, sec. 337. 1785, ch. 46, sec. 3. 1892, ch. 504.

363. If any witness or witnesses to any will shall die before probate
thereof, or if at the time of the probate of any will any witness or witnesses
shall be non-residents or beyond the jurisdiction of the orphans' court, or
if for any other reason their presence cannot be secured, then proof by any
credible witness of the signature of the testator or of the signature of any
such deceased or absent witness shall have the same effect upon the probate
of said will as if said deceased or absent witness had been present at said
probate and had testified that said will was duly executed.

This section held to have been complied with and evidence ruled admissible ac-
cordingly. Safton v. Krumm, 107 Md. 405.

Attestation of a witness upheld under this section; see notes to sec. 332. Wood-
stock College v. Hankey, 129 Md. 681.

The attestation clause is itself prima facie evidence of facts therein recited. This
section referred to in construing sec. 332—see notes thereto. Conrades v. Heller,
119 Md. 461.

See notes to secs. 331, 357 and 360.

An. Code, sec. 354. 1904, sec. 347. 1888, sec. 338. 1854, ch. 140. 1882, ch. 285.

364. Any person who may be interested in any devise or bequest of
any property within the limits of this State, or that may be brought into
this State after the bequest contained in any will admitted to probate and
recorded in any other State or territory of the United States, or in any
foreign country, may procure a copy of said will, with a copy or certificate
of the probate thereof, authenticated in the mode and by the officer duly
authorized therefor by the laws of such State, territory or foreign country,
and file the same in the office of the register of wills of any county in this
State or the city of Baltimore; and thereupon, it shall be the duty of said
register to record the same as other wills admitted to probate in his office;
and a copy of any record which has heretofore been made or shall hereafter
be made as hereinbefore provided certified under the hand of said register
and the seal of his office, shall be evidence in all suits and actions to be
tried in any court in this State, or before any justice of the peace, wherein
the title to any property, real or personal, thereby devised or given shall