ART. 49. ] WILLS.

423

register of wills or Orphans' Court, the said caveat shall be decided
by the court. If any person shall enter a caveat against any will or
codicil of which probate shall have been taken by the register as
aforesaid, no letters testamentary shall be granted until a determi-
nation shall be had in the Orphans' Court.

Where caveat
filed
3 Md 231, 8 Md.
55, 22 Md 346,
30 Md 409. 35
Md 280, 291 322,
37 Md 221, 567.

23. If no objections shall be made to the probate of a will or
codicil, or no caveat shall be filed against the same before probate,
it shall not be necessary to examine all the witnesses in case the
will passes personal property only, unless they shall voluntarily
attend; but probate may be taken on such proof as shall be suffi-
cient to give efficacy to a will or codicil for passing personal prop-
erty; provided, that every executor or other person exhibiting a
will, shall be examined on oath whether or not he knows of any
other will or codicil, and in what manner the will or codicil exhibited
came to his hands.

Id 8 319
1798, c 101,
sub-c 2, s 12
Probate, how
taken, if no
caveat

24. If the probate of any will or codicil be taken as aforesaid
without contest, any person, before letters testamentary or of ad-
ministration, with a copy of the will, shall be actually granted may
file a petition to the court praying that the case may be again ex-
amined and heard; and thereupon the Orphans' Court shall delay
the granting of letters until a decision shall be had on the petition;
and in case the letters shall have been granted, and any person
shall file such petition, and the court on hearing both sides — that is
to say, the petitioner and the grantee of such letters — shall decide
against the probate, the letters aforesaid shall be revoked, and the
power of the party under the letters shall cease; and the said will
shall not be proved in any other county, unless the decision be re-
versed on appeal.

Id s. 320
1798, c 101,
sub-c 2, s 13.
May be con-
tested alter pro-
bate, and grant
of administra-
tion
39 Md 535.

25. In case the adjudication of the Orphans' Court to whom
any will or codicil shall be exhibited for probate shall be against
the said will or codicil, it shall not be received for probate in any
other county.
20. No nuncupative will shall be proved within fourteen days
after the death of the testator, unless his widow (if any), and some
one of the next of kin, have been summoned to contest the same,
if they please

Id s 321.
1798, c 101,
sub-c 2, s 11
Where probate
refused in one
county, not to
be taken.
Id s 322
1798, c 101,
sub c 2, s 13.
When probate
of nuncupative
will not be
taken.

27. Any probate of a will or codicil taken by the Orphans'
Court or register of wills, so far as the same concerns' real estate,
shall be taken only as prima facie evidence of such will or codicil;
and in proving a will or codicil concerning real estate, all the wit-
nesses thereto shall be examined, if their attendance can be had.

Id s 323
18)1, c 315, s 1
Probate only
prima facie evi-
dence as to land.

28. A copy of the record of any will which the laws of the State
or country where the same may be executed require to be recorded
or registered, and which hath been recorded or registered agreeably
to such laws, under the hand of the keeper of such record or regis-
ter, and the seal of the court or office in which such record or regis-
ter hath been made, or a copy of any will lodged for safe keeping in
any office or court, agreeably to the laws of the State or country as

Id s 324
1785, c 46, ss 2-4.
What necessary
to prove record
of foreign will.
30 Md 409,
3 Gill 198