TESTAMENTARY LAW. 595
326.

Fact that husband joined with wife in conveyance to third person of property
owned by them as tenants by entireties, so that such person might reconvey to
wife, did not involve surrender of his marital right in such property on her
death. Affirmative act on part of husband is necessary to release statutory
right in deceased wife's estate. Fraud. Jaworski v. Wisniewski, 149 Md. 115.

Wills. ¹
330.

See sec. 305B.

332.

Testimony of draftsman of lost will as to Its due execution in presence of
two attesting witnesses, held, under special circumstances, prima facie proof of
valid will; fraudulent destruction or concealment. Revocation of will; evidence.
Preston v. Preston, 149 Md. 507.

This section is satisfied where witnesses subscribe before testator signs, if
he signs in their presence immediately after their subscription, and all acts are
part of one transaction. Sellers v. Hayden, 154 Md. 118.

To first note to this section, page 2987, vol. 2, of Code, add Brittingham v.
Brittingham, 147 Md. 155.

333.

Will may be revoked only as provided in this section. Whether tearing will
amounts to revocation depends upon testator's intention. Act must be free and
voluntary and mental capacity same as required for execution of will. Refusal
to probate will improper. Laches. Limitations. Hunter v. Baker, 154 Md. 315.

Apparent revocation of part of will by tearing out a particular clause; rein-
sertion. Fraud. Measley v. Housman, 144 Md. 350.

See notes to sec. 332.

335.

This section has no application where legacy is to class and members of that
class are in being at death of life tenants, who were entitled to take gift to
class. Stahl v. Emery. 147 Md. 126.

1929, ch. 543.

335A. In all wills executed after July 1, 1929, unless a contrary
intention is expressly stated in the will, the provisions of Section 335 in
regard to lapse shall apply to all devises and bequests to two or more per-
sons as a class in the same manner as though such devises or bequests had
been made to such persons by their individual names.

342.

Rule in Shelley's Case applied to will probated in 1883. Effect and applica-
tion of rule. Rhodes v. Brinsfield, 151 Md. 481.

344.

Holographic will made in Germany, with spaces left for signature of testator
and for witnesses after attestation clause, with absence of proof as to whether
name in introduction can be regarded as signature, properly refused probate in
Maryland. Quaere, as to date and place. DeGarmendia's Estate, 146 Md. 51.

¹ As to appointment of guardian by parent by will, see art. 72A. sec. 4.