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The Maryland Code Public General Laws, 1904
Volume 393, Page 2065   View pdf image (33K)
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ART. 93] WILLS. 2065

1388, art. 93, sec. 334. 1860, art 93, sec. 323. 1831, ch 315, sec 1. 1888,
ch. 453. 1890, ch. 416. 1892, ch. 61.

343. In proving a will or codicil all the witnesses thereto
shall be examined if their attendance can be had, and the
register of wills of any county or of the city of Baltimore
where any will shall have been filed for probate, or any deputy
of his when directed so to do by an order of the orphans' court
may examine and take the deposition of any or all of the
witnesses thereto who from any cause cannot conveniently
attend to the office of said register of wills, wherever he may
find such witness or witnesses, whether within the State of
Maryland or beyond its jurisdiction, provided that before the
original will is taken from the office of said register of wills
for the purpose of being so proved, the said register shall
cause to be made out and filed among the records of his court
a copy of said will duly certified under the seal of his court;
and the probate of any will so taken shall have the same effect
and be as valid as if all of the witnesses thereto had appeared
before and been examined by the orphans' court or the register
of wills of the county or city where the same had been filed
for probate and record; provided further that the orphans'
court may in their discretion, accept proof of any will, in the
manner prescribed in section 346, when the attendance of the
witnesses thereto cannot, in the judgment of the said court, be
conveniently had.

Warford v. Colvin, 14 Md. 532. Worthington v. Gittings, 56 Md 542
Johns v. Hodges, 62 Md. 525.

Ibid. sec. 335. 1860, art. 93, sec. 324. 1785, ch. 46, secs. 2-4.

344. 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 register, and the seal of the court or
office in which such record or register 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 aforesaid, and
certified as aforesaid, shall be good and sufficient 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 of the execution thereof by the oath of the subscribing
witnesses to the same, or any of them, taken before any court,


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 2065   View pdf image (33K)
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