ART. 93.] WILLS. 1421

in the publlc papers or otherwise, as they may think proper; and
if no objection shall be made or caveat entered on or before the-
day fixed, the court, or register of wills in their recess, may take
the probate of such will; but if objection shall be made on or
before the day appointed, the said court shall have cognizance of
the affair, and shall determine according to the testimony pro-
duced on both sides.

Emmert v. Stouffer, 64 Md 543.

P. G. L., (1860,) art. 93, sec 318. 1798, ch. 101, sub-ch. 2, secs. 9-10.

330. If any person whatever shall enter a caveat against such
will or codicil, either before or after it shall be exhibited to the
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 determination shall be had in the orphans' court.

Negro John v. Morton, 8 G. & J. 391. Offutt v.Gott, 12 G & J. 385. Towns-
hend v. Brooke, 9 Gill, 91. Glass v. Ramsay, 9 Gill, 458. Hanna v. Munn, 3
Md. 231. Busby 11. Conaway, 8 Md. 55. Warford v. Colvin, 14 Md. 532.

Ibid. sec. 319. 1798, ch. 101, sub-ch. 2, sec. 12.

331. If no objections shall be made to the probate of a will
or codicil, or no caveat shall be filed against the same before pro-
bate, it shall not be necessary to examine all the witnesses in case
the will passes personal property only, unless they shall volun-
tarily attend; but probate may be taken on such proof as shall be
sufficient to give efficacy to a will or codicil for passing personal
property; provided, that every executor or other person exhibit-
ing 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.

Ibid. sec. 320. 1798, ch. 101, sub-ch. 2, sec. 13.

332. If the probate of any will or codicil be taken as afore-
said without contest, any person, before letters testamentary or of
administration with a copy of the will shall be actually granted,
may file a petition to the court praying that the case may be
again examined and heard; and thereupon the orphans' court