424

WILLS. [ART. 49.
aforesaid, and certified as aforesaid, shall be good and sufficient

Proof of execu-
tion, where re-
cording not
necessary

evidence in any court in this State to prove such will Where any
will hath been or shall be executed in any other of the United States,
or in any foreign country, and to give validity to which, recording
or registering is not or shall not be made necessary, proof to the
execution thereof by the oath of the subscribing witnesses to the
same, or any of them, taken before any court, judge, or justice, or
other officer of the State or country where such will hath been or
may be executed, having by law authority to administer an oath,
and a certificate under seal from the governor, chief magistrate, or
a notary public of such State or country, that the court or officer
before whom such oath shall be taken, hath authority to administer
the same, and that such oath hath been duly made before such court,
judge, justice, or officer, shall be good and sufficient evidence in any
court in this State to prove such will.

Id s 325
1798, c 101,
sub-c 2, s 4
Attested copy of
will, how made
evidence
30 Md 109

Execution of
original

29. An attested copy under the seal of office of any will, testa-
ment, or codicil, recorded in any office authorized to record the
same, shall be admitted as evidence in any court of law or equity;
provided, that the execution of the original will or codicil be sub-
ject to be contested until a probate hath been had, according to the
laws of this State

Id. a. 326.
1785. c 46, s 3
Proof, where
witnesses have
died.

30. If all the witnesses to any will have died or shall die before
the execution thereof shall be proved as aforesaid, then proof by a
credible witness to the handwriting of the testator, or the handwrit-
ing of the subscribing witnesses to the same, or any of them, taken
and certified as aforesaid, shall be good evidence for the purpose
aforesaid; but nothing herein contained shall be construed to alter
the laws of this State in relation to the execution of wills of real
estate.

Id. s 327
1854, c 154
Who may file
copy of foreign
will and pro-
bate
30 Md 409.

31. Any person who may be interested in any devise or bequest
of any property within the limits of this State, or that may be
brought into this State after the bequest contained in any will made
in any other State, may procure a copy of said will and probate,
authenticated in the mode and by the officer authorized by the laws
of such State, and file the same in the office of the register of wills
of any county in this State, or the city of Baltimore, and thereupon

To be recorded
by register.

it shall be the duty of the said register to record the same, as other
wills admitted to probate in his office; and a copy of said record of
said will and probate, under the hand of said register and the seal

Copy of such
record to be
evidence

of his office, shall be evidence in all suits and actions at law and in
equity in any court in this State, wherein the title of any property,
real or personal, thereby devised or given, shall be in question, with
the same force and effect as if the original will had been admitted
to probate in this State according to the laws thereof.

CUSTODY OF WILLS

Id s 328
1831, c 315, s 16.
All wills, when

32. Every will, when proven, shall be retained and preserved in
the office of the register of wills of the county, and shall not be