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2. It fhall be lawful for any private perfon, in whofe poffeffion or cuftody a will or codicil fhall
be, after the death of the testator or teftatrix, to open and read the fame in the prefence of any
near relatives or the deceafed, who may conveniently have notice thereof, and of other perfons
and immediately thereafter to deliver the faid will or codicil to the regifter of wills, or the re-
gifter or clerk of any office in the county authorifed to record wills, whofe duty it fhall be to
keep the fame fafe, until proceedings may be had for proving the fame in the faid office, or until
it be demanded by an executor, or other perfon authorifed to demand it, for the purpofe of
having it proved according to law.
3. If any private perfon, in whofe poffeffion or cuftody a will or codicil fhall be, after the
death of the teftator or teftatrix, fhall wilfully neglect to deliver the fame to the regifter of wills
or the regifter or clerk of any office proper for recording wills in the county where the faid per-
fon refides, or where it is proper to prove the fame, or to fome executor named in the will, for
the fpace of three calendar months after the death of the teftator or teftatrix fhall be known to
the faid perfon, he or fhe, thus offending, fhall be fubject, on conviction in a court of law, to
fuch fine as the court fhall in their discretion think proper.
4. An attefted copy, under the feal of office, of any will, teftament or codicil, recorded in any
office authorifed to record the fame, fhall be admitted as evidence in any court of law or equity
provided that the execution of the original will or codicil be fubject to be contefted until a probat
hath been had according to this act.
5. Any will, or codicil, containing any difpofition relative to goods, chattels or perfonal eftate,
may be proved in the county where moft of the witneffes refide, or in the county in which letters
teftamentary or of adminiftration may be granted.
6. If any will or codicil, making any difpofition relative to goods, chattels, or perfonal pro-
perty or rights, or appointing an executor, be exhibited for proof to the regifter of wills in the
county wherein the will may be proved, in the recefs of the court, and any of the nest relations
of the deceafed fhall attend, and make no objections, or enter no caveat, or if it fhall appear that
reafonable notice hath been given to fuch of the next relations, as might conveniently be there-
with ferved, of the time of exhibiting the faid will or codicil, and no perfon fhall object, or enter
a caveat, the regifter fhall thereupon proceed to take the probat, and to grant letters teftamentary
accordingly.
7. If any fuch will or codicil, refpecting perfonal property, or appointing an executor, be ex-
hibited for probat to the orphans court of the county where the fame may be proved, and any of
the next relations of the deceafed fhall attend, or if notice fhall appear to have been given as
aforesaid, and no caveat fhall have been made againft the faid will or codicil, the faid court may
forthwith proceed to take the probat of fuch will or codicil.
8. If any fuch will or codicil, refpecting perfonal property, or appointing an executor, be ex-
hibited to the orphans court, and none of the near relations of the deceafed fhall attend, and no
notice fhall appear to have been given, the faid court may either direct fummons to the faid near
relations, or fome one or more of them, to appear, on fome fixed day, to fhew caufe wherefore
the will or codicil fhould not be proved, or direct fuch notice to be given in the public papers, or
otherwife, as they may think proper, and if no objection fhall be made, or caveat entered on or
before the day fixed, the faid court, or the regifter of wills in their recefs, may proceed to take
the probat of fuch will or codicil; but if objection fhall be made, on or before the day appointed
the faid court fhall have cognizance of the affair, and fhall determine according to the teftimony
produced on both fides.
9. If any perfon whatever fhall enter a caveat againft any fuch will or codicil refpecting per-
fonal property, or appointing an executor, either before or after it fhall be exhibited to the
regifter of wills or orphans court, the faid caveat fhall be decided by the faid court.
10. In cafe any perfon fhall enter a caveat against any fuch will or codicil, refpecting perfonal pro-
perty, or appertaining an executor, of which probat fhall have been taken by the regifter as afore-
faid, no letters teftamentary fhall be granted, until a determination fhall be had in the orphans
court.
11. In cafe the adjudication of any orphans court, to whom any fuch will of codicil, refpecting
perfonal property, or appointing an executor, fhall be exhibited for probat, fhall be against the
faid will or codicil, it fhall not be received for probat in any other county; provided neverthelefs,
that either party conceiving him or herfelf aggrieved by the decifion of the faid court, relative
to the probat, may, within three days after fuch, decifion, enter an appeal to the court of chan-
cery, or the general court of the fhore whereon fuch orphans court is held; and the faid appeal
fhall ftay farther proceedings of the orphans court, provided an attefted copy of the whole pro-
ceedings, under the feal of the office, be filed in the faid chancery court, or general court, within
fixty days thereafter; and the decree of the chancery court, or general court, to be given on the
tranfcript only, fhall be final and conclufive; and the orphans court fhall proceed according to
the faid decree, an attefted copy whereof fhall be transmitted, under feal, to the orphans court,
12. If no objections fhall be made to the probat of a will or codicil, refpecting perfonal pro-
perty, or appointing an executor, or no caveat fhall be filed againft the fame before probat, it
fhall not be neceffary to examine all the witneffes, unlefs they fhall voluntarily attend, but the
probat may be made on fuch proof as fhall be fufficient to give efficacy to a will or codicil for
paffing perfonal property; provided that every executor, or other perfon, exhibiting a will fhall
be examined, on oath or affirmation as the cafe may be, whether or he or fhe knows of
any other will or codicil, and in what manner the will or codicil exhibited came to his or her
hands.
13. If the probat of any will or codicil be taken as aforefaid, without conteft, any perfon,
before letters teftimony or of adminiftration with a copy of the will, fhall be actually granted,
may file petition to the court, praying that the cafe be again examined and heard, and there-
upon the orphans court fhall delay the granting of letters, until a decifion fhall be had on the
faid petition; and in cafe letters fhall have been granted, and any perfon fhall file fuch petition,
and the court, on hearing both sides, that is to fay, the petitioner and the grantee of fuch let-
ters, fhall decide againft the probat, the letters aforefaid fhall be revoked, and the power of the
party, under the faid letters, fhall ceafe; and the faid will fhall not be proved in any other
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