2064 TESTAMENTARY LAW. [ART. 93
1888, art. 93, sec 330 1860, art. 93, sec. 318. 1798, ch. 101, sub-ch. 2, secs 9,10.
339. 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
Townshend v. Brooke, 9 Gill, 91. Class v Ramsay, 9 Gill, 458 Hanna v
Munn, 3 Md. 231. Busby v Conoway, 8 Md. 55.. Warford v Colvin, 14
Md. 532. Ruckle v. Grafflin, 86 Md. 627.
Ibid sec 331. 1860, art. 93, sec 319. 1798, ch. 101, sub-ch. 2, sec. 12.
1890, ch. 416.
340. 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 into his hands.
Ibid. sec. 332. 1860, art. 93, sec. 320. 1798, ch. 101, sub-ch. 2, sec. 13.
341. 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 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 reversed on
appeal.
Harris v Pue, 39 Md. 535 Worthington v. Gittings, 56 Md 542 Johns
v. Hodges, 62 Md. 525 State v Smith, 64 Md. 101. Emmert v Stouffer, 64
Md. 543. McCambridge v. Waliaven, 88 Md. 384.
Ibid sec. 333. 1860, art. 93, sec 321. 1798, ch. 101, sub-ch. 2, sec. 11.
342. 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.
Johns v Hodges, 62 Md. 525.
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