3490 ARTICLE 93

The effect of the portion of this section relative to requisite age of a female to
make a will, referred to in discussing when a female becomes of age for other pur-
poses. Waring v. Waring, 2 Bl. 674; Corrie's Case, 2 Bl. 491; Davis v. Jacquin, 5 H. &
J. 110.

For a case involving the subsequent adoption and ratification of a will not valid
when made, see Boofter v. Rogers, 9 Gill, 44...

Cited but not construed in Garrison v. Hill, 81 Md. 556.

See notes to secs. 336 and 353.

An. Code, 1924, sec. 332. 1912, sec. 323. 1904, sec. 317. 1888, sec. 310. 1798, ch. 101,

sub-ch. 1, sec. 4. 1884, ch. 293.

336. All devises and bequests of any lands, or tenements, or interest
therein, and all bequests of any goods, chattels or personal property of any
kind, as described in section 332, shall be in writing and signed by the
party so devising or bequesting the same, or by some other person for him,
in his presence and by his express direction, and shall be attested and sub-
scribed in the presence of the said devisor by two or more credible wit-
nesses, or else they shall be utterly void and of none effect.

Attestation.

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.

Papers in handwriting of and signed by decedent, but not attested by two witnesses,
although in envelope marked "my will," not admissible to probate. Hull's Estate, 164
Md. 43.

Cited but not construed in Woodruff v. Linthicum, 158 Md. 608; Quimby v. Green-
hawk, 166 Md. 345; Citizens' Natl. Bank v. Parsons, 167 Md. 636.

The provision of this section is satisfied where full name of testator is affixed in
appropriate place by another in his presence and with his full knowledge and with
the intention that what was done be construed as being the execution of his will. Green-
hawk v. Quimby, 170 Md. 281.

It is not necessary that all of witnesses should actually see testator sign; it is suffi-
cient if they are present when he signs, or if paper after being signed is acknowledged
as a will in their presence, and is signed and attested by them in his presence. Etchison
v. Etchison, 53 Md. 357. And see Stirling v. Stirling, 64 Md. 138; Wampler v. Wampler,
9 Md. 540; Cramer v. Crumbaugh, 3 Md. 491; Mason v. Harrison, 5 H. & J. 480.
Cf. Welty v. Welty, 8 Md. 22; Edelen v. Hardey, 7 H. & J. 67; Brittingham v.
Brittingham, 147 Md. 155.

The witnesses must be requested to sign by testator. What amounts to a request?
Gross v. Burneston, 91 Md. 386; Etchison v. Etchison, 53 Md. 357; Higgins v. Carlton,
28 Md. 141. And see Brengle v. Tucker, 114 Md. 602.

A prayer held not to meet requirements of this section; it is not sufficient to. prove
that two or more competent witnesses signed will, but it must be attested and sub-
scribed to in presence of testatrix. It is doubtful whether an issue reading, "Was the
will of ———— executed by her according to the laws of the state of Maryland, relating
to the execution of wills," submits question of attestation of witnesses. A will held to
have been properly witnessed, and a witness held competent. Conrades v. Heller, 119
Md. 458.

Where a witness states that a will was executed in his presence and that it was
signed by both witnesses in his office, but does not state that witnesses signed in
testator's presence, an attestation in accordance with this section is not established.
Tinnan v. Fitzpatrick, 120 Md. 348.

Proof of execution and attestation of a will made in 1874 held sufficient to justify
its probate. Requisites of attestation of a will; effect of attestation clause; negative
statement by one of attesting witnesses. Woodstock College v. Hankey, 129 Md. 679.

This section had its origin in statute of frauds, and is same as the statute in force
in most of other states and in England. The witnesses must sign either upon the same
sheet as testator or on some sheet physically connected with it. Meaning of "to sub-
scribe." An attestation across sealed portion of envelope containing will is invalid.
Shane v. Wooley, 138 Md. 77.

A will is duly attested where another person signs the name of the witness, the latter
making his mark. Appeal of Reaver's Executors, 96 Md. 736.

The word "credible" defined. An executor who is also appointed guardian of testa-
tor's children is a competent witness. Estep v. Morris, 38 Md. 423; Higgins v. Carlton.
28 Md. 140. And see Leitch v. Leitch, 114 Md. 336.