ART. 49. ] WILLS.

421

10. No nuncupative will shall be good where the estate bequeathed
thereby shall exceed the value of three hundred dollars, that is not
proved by the oaths of three witnesses at least, who were present at
the making thereof, nor unless it be proved that the testator, at the
time of pronouncing the same, did bid the persons present, or some
of them, to bear witness that such was his will, or to that effect;
nor unless such nuncupative will were made in the time of the last
sickness of the deceased, and in the house of his habitation or
dwelling, or where he hath been resident for the space of ten
days or more next before the making of such will except where such
person was surprised or taken sick, being from his own home, and
died before he returned to the place of his dwelling.

Art 93, s 306
1810, c 34, s 1
Nuncapative
wills
19 Md 348, 33
Md 569, 36 Md.
630, 41 Md 201

11. Six months after the speaking of the pretended testamentary
words, no testimony shall be received to prove any will nuncupative,
except the said testimony, or the substance thereof, were committed
to writing within six days after the making of the said will; but any
soldier, being in actual military service, or any mariner or seaman,
being at sea, may dispose of his movables, wages, and personal es-
tate as heretofore.

Id s 307
1810, c 14, s 2.
When nuncupa-
tive will to be
proven

12. A wife shall have a right to make a will, and give all her
property, or any part thereof to her husband, or to other persons,
with the consent of her husband subscribed to said will; provided,
always, that the wife shall have been privately examined by the wit-
nesses to her will, apart from, and out of the presence and hearing
of her husband, whether she doth make the same will freely and
voluntarily, and without being induced thereto by fear or threats of,
or ill-usage by, her said husband, and says she does it willingly and
freely; but no will under this section shall be valid unless made at

Id s 308
1842, c 293, s 6
Wills of married
women
11 Md 492, 12
Md 158, 26 Md.
1, 32 Md 16, 36
Md 266

least sixty days before the death of the testatrix. This section shall
not apply to property acquired after the twelfth day of January,
in the year eighteen hundred and sixty. As to property acquired
or owned by a married woman, according to the provisions of Arti-
cle LI, of this code, sub-title Wife's Property, she shall have the
power of devising the same as fully as if she were a feme sole.

Not to apply to
property ac-
quired alter
adoption of

13, Every last will and testament executed in due form of law,
after the first day of June, eighteen hundred and fifty, shall pass all
the real estate which the testator had at the time of his death.

PROBATE OF WILLS.

Id 8 309
1849, c 229
Wills after June
1, 1850, to pass
all real estate
had at time of
death.
4 Md 335, 6 Md.
487, 33 Md 526,
35 Md 411

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

Id s 310
1798, c 101,

sub-c 2

Probate of wills.

15. 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 per-
sonal estate, or to both real and personal estate.

632, 24 Md 877, 28 Md. 98, 29 Md 24 32 Md 9, 33 Md 609, 39 Md 535

Id s 311
1798, c 101,
sub-c 15, s 1,
1831, c 315, s 1
Probate by
whom to be
taken
8 Md 15, 14 Md.