TESTAMENTARY LAW 3489

of reverter shall be subject to be disposed of, transferred and passed by
his or her last will or codicil, and any testator devising real or personal
property subject to a condition or conditions, may devise or bequeath the
right of entry or reverter which may arise on breach of such condition or
conditions, under the following restrictions.

There is nothing in secs. 332 to 351 prohibiting an attesting witness to a will from
being a beneficiary thereunder. Leitch v. Leitch, 114 Md. 336.

The act of 1798, ch. 101, sub-ch. 1, sec. 1, did not embrace leasehold property. Origin
of this section. Devecmon v. Devecmon, 43 Md. 346. And see Holzman v. Wager, 114
Md. 322.

A power of sale in a will extends to surviving executors, trustees, etc., or to his or
their successor, unless will indicates contrary intention—art. 16, sec. 276.

Cited but not construed in Woodruff v. Linthicum, 158 Md. 608.

An. Code, 1924, sec. 329. 1S12, sec. 320. 1904, sec. 315. 1888, sec. 308. 1798, ch. 101,

sub-ch. 1, sec. 2.

333. No will, testament or codicil shall be effectual to create any inter-
est or perpetuity, or make any limitation, or appoint any uses not now
permitted by the constitution or laws of this State.

Cited but not construed in Russell v. Allen, 107 U. S. 163; Ould v. Washington Hospi-
tal, 95 U. S. 303.

An. Code, 1924, sec. 330. 1912, sec. 321. 1908, ch. 569.

334. The rule against perpetuities shall not apply to any contingent
remainder, executory devise, bequest or limitation of real or personal
property, or both, by will or testament, intended to transfer the same from
any corporation incorporated for charitable or educational objects to an
individual or from any such corporation to any other such corporation on a
contingency or future event, nor to any condition subsequent, or breach
thereof upon which any such devise, bequest or limitation is intended to
operate. This section is not intended to be, and shall not be construed as
an interpretation of existing law.
See sec. 308.

An. Code, 1924, sec. 331. 1912, sec. 322. 1904, sec. 316. 1888, sec. 309. 1798, ch. 101,

sub-ch. 1, sec. 3.

335. No will, testament or codicil shall be good and effectual for any
purpose whatsoever, unless the person making the same be at the time of
executing or acknowledging it as hereafter directed, of sound and disposing
mind, and capable of executing a valid deed or contract. No will, testament
or codicil shall be good and effectual to pass any interest or estate in any
lands, tenements or incorporeal hereditaments, unless the person making
the same, if a male, be of the full age of twenty-one years, and if a female,
of the full age of eighteen years.¹

This section and secs. 336, 365 and 368 prescribe every condition essential to regular
probate of a valid will. See notes to sec. 362. Snyder v. Snyder, 142 Md. 295.

Prayers granted held not to justify a reversal although they did not follow exactly
the language of this section as to testamentary capacity. Kamps v. Alexander, 133 Md.
202.

This section furnishes the rule by which capacity of testator is to be measured. Burden
of proof. Tyson v. Tyson, 37 Md. 582; Davis v. Calvert, 5 G. & J. 299.

A prayer which explains clearly the terms used in this section but does not vary
them is proper. Calvin v. Warford, 20 Md. 388; Higgins v. Carlton, 28 Md. 125.

The last portion of this section has no application to leasehold property, that is
a term of years in esse, and hence a will bequeathing such property is valid though
executed before testator is of legal age; contra, where will creates term of years or
leasehold interest. Holzman v. Wager, 114 Md. 322.

¹ No attempt is here made to collect or annotate the cases involving testamentary
capacity—see Md. Digest.