ART. 93] WILLS. 2067
to record the same as other wills admitted to probate in his
office; and a copy of any record which has heretofore been
made or shall hereafter be made as hereinbefore provided
certified under the hand of said register and the seal of his
office, shall be evidence in all suits and actions to be tried in
any court in this State, or before any justice of the peace,
wherein the title to 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.
Beatty v. Mason, 30 Md. 409. Wright v. Gilbert, 51 Md. 146.
1888, art. 93, sec. 339. 1860, art. 93, sec. 328. 1831, ch. 315, sec 16
348. Every will, when proven, shall be retained and pre-
served in the office of the register of wills of the county, and
shall not be delivered out of such office to any person or
persons whomsoever; and every issue of devisavit vel non sent
from a court of equity shall be tried in the county of the office
aforesaid, at which trial said will may be adduced in evidence
under the care of said register, or of any person in that behalf
by him deputed, under a subpoena duces tecum, issued on the
special order of the court holding such trial; and in like
manner such will may be produced in evidence on the trial
in any court of this State of any issue involving the said will,
and requiring its production, in the opinion of the said court;
but the said will shall not at any time be taken or kept out
of the care and custody of the said register, or of the person
deputed as aforesaid.
Connelly v. Beall, 77 Md. 120.
Ibid. sec. 340. 1864, ch. 157.
349. Every register of wills in this State shall receive for
safe keeping the will of any living person who resides in the
city or county for which such register is appointed, every such
will being first sealed up and endorsed with the name of the
testator, its date, and the date of its delivery to the register,
and the name of the executor or other person to whom it may
be delivered at the death of the testator; and such register
shall receive for each will so deposited fifty cents, and shall
immediately index it in an index to be kept for that purpose,
and there keep it in a depository to be kept for that purpose,
until the death of the testator, unless delivered to such testator
or to his order, in his lifetime, upon a receipt therefor being
given on said index.
|
![clear space](../../../images/clear.gif) |