2060 TESTAMENTARY LAW. [ART. 93

power of appointment, unless the contrary intention shall

appear in the will or codicil containing such devise or bequest.

Farlow v. Farlow, 83 Md 122. United Railways v. Seymour, 92 Md. 425.

1894, ch 438, sec. 316 A.

324. In all wills hereafter executed, the real estate of every
testator not specifically devised shall be chargeable with the
payment of pecuniary legacies, wherever the personal estate
after the payment of debts shall prove to be insufficient, unless
the contrary intention shall clearly appear.

Pearson v. Wartman, 80 Md. 531. Ewell v. McGregor, 96 Md. 359.

1888, art. 93, sec. 317. 1862, ch. 161

325. In any devise or bequest of real or personal estate,
the words "die without issue," or "die without leaving issue,"
or any other words which may import either a want or a
failure of issue of any person in his lifetime, or at the time of
his death, or an indefinite failure of his issue, shall be con-
strued to mean a want or failure of issue in the lifetime, or at
the time of the death of such person, and not an indefinite
failure of his issue, unless a contrary intention shall appear by
the will.

Woollen v Frick, 38 Md. 428. Goldsborough v. Martin, 41 Md. 488.
Mason v. Johnson. 47 Md 347. James v. Rowland, 52 Md. 462. Estep v
Mackey, 52 Md. 592. Gable v. Ellender, 53 Md. 311. Henderson v. Hender-
son, 64 Md. 185 Comegys v. Jones, 65 Md. 317. Combs v. Combs, 67 Md
16. Smith v. Montgomery, 75 Md. 140. Weybright v. Powell, 86 Md 573.

Ibid. sec. 318. 1860, art 93, sec. 306. 1810, ch. 34, sec. 1. 1884, ch. 293.

326. No nuncupative will shall hereafter be valid in this
State; but any soldier being in actual military service, or any
mariner being at sea, may dispose of his movables, wages and
personal estate as heretofore.

Brayfleld v. Brayneld, 3 H. & J. 208. Dorsey v. Sheppard, 12 G. & 3. 192.
Welling v. Owings, 9 Gill, 470. Weems v. Weems, 19 Md. 348. O'Neill v.
Smith, 33 Md 569. Biddle v. Biddle, 36 Md. 630. Hammett v. Shanks, 41
Md. 201

Ibid sec. 319 1860, art. 93, sec. 307. 1810, ch. 34, sec. 2. 1884, ch 293
1888. ch. 544. 1894, ch. 151.

327. Every will or other testamentary instrument made out
of the State shall be held to be valid in Maryland, if the same
be made according to the forms required by the law of the
place where the same was made or by the law of the place