to be disposed of, transferred and passed, by his or her last will, testament or codicil, under the following restrictions:

2. No will, testament or codicil, shall be effectual to create any interest or perpetuity, or make any limitation, or appoint any uses, not now permitted by the constitution or laws of the State.

3. No will, testament or codicil, shall be good and effectual for any purpose whatever, unless the person making the same be, at the time of executing or acknowledging it as hereafter directed, of sound and disposing mind, and capable of executing a valid deed or contract. No will, testament or codicil, shall be good and effectual to pass any interest, or estate in any land, tenement, or incorporeal hereditament, unless the person making the same, if a male, be of the full age of twenty-one years, and if a female, of the full age of eighteen years.

4. All devises and bequests of any lands or tenements, devisible by law, shall be in writing, and signed by the party so devising the same, or by some other person in his presence, and by his express directions, and shall be attested and subscribed, in the presence of the said devisor, by three or four credible witnesses, or else they shall be utterly void and of none effect; and moreover, no devise in writing of lands, tenements or hereditaments, or any clause thereof, shall be revocable, otherwise than by some other will or codicil in writing, or other writing declaring the same, or by burning, cancelling, tearing or obliterating the same by the testator himself, or in his presence, and by his directions and consent; but all devises and bequests of lands and tenements shall remain and continue in force until the same be burnt, cancelled, torn or obliterated, by the testator, or his directions in manner aforesaid, or unless the same be altered by some other will or codicil in writing, or other writing of the devisor, signed in the presence of three or four witnesses, declaring the same, any former law or usage to the contrary notwithstanding.

CHAPTER II.

1. If any person, to whom a will or codicil hath been or shall be delivered by the party making it for safe custody, shall alter or destroy the same, without the direction of the said party, or wilfully secrete it for the space of six months after the death of the party shall be known to him or her, on conviction thereof the person so offending shall be sentenced to such punishment as is inflicted by law in cases of grand larceny.

2. It shall be lawful for any private person, in whose possession or custody a will or codicil shall be after the death of the testator or testatrix, to open and read the same in the presence of any near relatives of the deceased, who may conveniently have notice thereof, and of other persons, and immediately thereafter to deliver the said will or codicil to the register of wills, or the register or clerk of any office in the county authorized to record wills, whose duty it shall be to keep the same safe, until proceedings may be had for proving the same in the said office, or until it be demanded by an executor, or other person authorised to demand it, for the purpose of having it proved according to law.

3. If any private person, in whose possession or custody a will or codicil shall be, after the death of the testator or testatrix, shall wilfully neglect to deliver the same to the register of wills, or to the register or clerk of any office proper for recording wills in the county where the said person resides, or where it is proper to prove the same, or to some executor named in the will, for the space of three calendar months after the death of the testator or testatrix shall be known to the said person, he or she, thus offending, shall be subject, on conviction in a court of law, to such fine as the court shall in their discretion think proper.

4. An attested copy, under the seal of office, of any will, testament or codicil, recorded in any office authorized to record the same, shall be admitted as evi

dence in any court of law or equity, provided that the execution of the original will or codicil be subject to be contested until a probat hath been had according to this act.

5. Any will, or codicil, containing any disposition relative to goods, chattels or personal estate, may be proved in the county where most of the witnesses reside, or in the county in which letters testamentary of administration may be granted.

6. If any will or codicil, making any disposition relative to goods, chattels, or personal property or rights, or appointing an executor, be exhibited for proof to the register of wills in the county wherein the will may be proved, in the recess of the court, and any of the next relations of the deceased shall attend, and make no objections, or enter no caveat, or if it shall appear that reasonable notice hath been given to such of the next relations as might conveniently be therewith served, of the time of exhibiting the said will or codicil, and no person shall object, or enter a caveat, the register shall thereupon proceed to take the probat, and to grant letters testamentary accordingly.

7. If any such will or codicil, respecting personal property, or appointing an executor, be exhibited for probat to the orphans' court of the county where the same may be proved, and any of the next relations of the deceased shall attend, or if notice shall appear to have been given as aforesaid, and no caveat shall have been made against the said will or codicil, the said court may forthwith proceed to take the probat of such will or codicil.

8. If any such will or codicil, respecting personal property, or appointing an executor, be exhibited to the orphans' court, and none of the near relations of the deceased shall attend, and no notice shall appear to have been given, the said court may either direct summons to the said near relations, or some one or more of them, to appear, on some fixed day, to show cause wherefore the will or codicil should not be proved, or direct such notice to be given in the public papers, or otherwise, as they may think proper; and if no objection shall be made, or caveat entered on or before the day fixed, the said court, or the register of wills in their recess, may proceed to take the probat of such will or codicil but if objections shall be made, on or before the day appointed, the said courts shall have cognizance of the affair, and shall determine according to the testimony produced on both sides.

9. If any person whatever shall enter a caveat against any such will or codicil respecting personal property, or appointing an executor, either before or after it shall be exhibited to the register of wills or orphans' court, the said caveat shall be decided by the said court.

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10. In case any person shall enter a caveat against any. will or codicil, respecting personal property, or appointing an executor, of which probat 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.

11. In case the adjudication of any orphans' court, to whom any such will or codicil, respecting personal property, or appointing an executor, shall be exhibited for probat, shall be against the said will or codicil, it shall not be received for probat in any other county; provided, nevertheless, that either party conceiving him or herself aggrieved by the decision of the said court, relative to the probat, may, within three days after such decision, enter an appeal to the court of chancery, or the general court of the shore whereon such orphans' court is held; and the said appeal shall stay further proceedings of the orphans' court, provided an attested copy of the whole proceedings, under the seal of the office, be filed in the said charcery court, or general court, within sixty days thereafter; and the decree of the chancery court, or general court, to be given on the transcript only, shall be final and conclusive; and the orphans' court shall proceed according to the said decree, an attested copy whereof shall be transmitted, under seal, to the orphans' court.

12. If no objections shall be made to the probat of a will or codicil, respecting personal property, or appointing an executor, or no caveat shall be filed against the same for probat, it shall not be necessary to examine all the witnesses, unless they shall voluntarily attend, but the probat may be made on such proof as shall be sufficient to give efficacy to a will or codicil for passing personal property; provided that every executor, or other person, exhibiting a will, shall be examined, on oath or affirmation, as the case may be, whether or not he or she 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 aforesaid, 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 be again examined and heard, and thereupon the orphans' court shall delay the granting of letters, until a decision shall be had on the said petition; and in case 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 probat, the letters aforesaid shall be revoked, and the power of the party, under the said letters, shall cease; and the said will shall not be proved in any other county, unless the decision be reversed by the court of chancery or general court; and no nuncupative will shall be proved within fourteen days after the death of the testator, unless his widow (if any) and some one of the next of kin have been summoned to contest the same, if they please.

CHAPTER III.

1. When any will or codicil, respecting personal property, shall have been authenticated as aforesaid, or proved as aforesaid before the register of wills, or orphans' court, letters testamentary may forthwith be committed to the executor, executrix or executors, named in the said will or codicil; provided the said executor or executrix, or each of the executors, shall execute à bond to the State of Maryland, with two good sureties, approved by the said register or orphans' court, as the case may require, and in such penalty as the said register or court may require, conditioned for the faithful performance of the trust in him or her reposed as executor or executrix, to be lodged and recorded in the said register's office, and subject to be put in suit as hereafter mentioned.

2. If the executor or executrix, or all the executors named in a will, who shall not have renounced in the manner hereafter directed, shall, in due time, procure an attested copy of the said will, and of the authentication or probat, under the seal of the office where it was authenticated or proved, and shall produce the same to the orphans' court, or, in its recess, to the register of wills in any county wherein is personal property of the testator or testatrix to be administered, the said will, and the authentication or probat thereof, shall be there recorded; and letters testamentary may be granted to the said executor or executrix, or all the executors, not renouncing, by the said court, or in its recess by the said register, at any time within forty days from the date of said copy, on his, her, or their executing bond or bonds as aforesaid; and in case of sickness of, or accident to, or reasonable excuse made in behalf of, any such executor or executrix, the said court, or register, may allow a further time, not exceeding thirty days, for filing such bond and taking such letters; but in no case shall letters testamentary be granted in such county after the expiration of such time allowed, or in any other county except that wherein the will was authenticated or proved; and it shall be the duty of such executor or executrix to transmit to the court where the will was authenticated or proved a certificate, under seal of the register of wills of the county wherein letters testamentary shall have been granted, to shew that such letters have been granted.

3. If there be only one executor or executrix named, and he or she shall have

been present at the authentication or probat of the will, and shall not, within thirty days thereafter, file a bond as aforesaid, or procure an attested copy under seal as aforesaid, for the purpose of taking letters as aforesaid in another county, letters of administration, with the copy of the will annexed, may be granted, by the orphans' court of the county wherein was the probat or authentication, to such person as they might be granted to in case of intestacy; and if the said executor or executrix, so procuring an attested copy, shall not obtain letters testamentary in some other county, within seventy days from the date of the copy, letters of administration may be granted as aforesaid by the orphans' court of the county where the will was proved or authenticated; and it shall not be incumbent on the party applying for or taking such letters of administration to show that letters testamentary have not been obtained in some other county on the copy aforesaid; but such letters of administration shall not be granted if it shall be proved to the court, by affidavit, or certificate under the seal of office, or if they shall have reason to believe, that such letters testamentary have been granted in a county proper for granting them.

4. In case the said sole executor or executrix shall not have been present at the authentication or probat, but shall have been within the State, a summons may issue against him or her, either at the instance of a person interested, or ex officio by the orphans' court, or (in their recess) the register of wills of the county wherein the will was authenticated or proved, returnable not less than twenty nor more than sixty days after date; and if the summons shall be returned "summoned," and the executor or executrix shall not appear accordingly, or appearing shall not within twenty days thereafter file a bond or bonds as aforesaid, or if two such summonses shall be returned "non est," and the party shall not appear according to the tenor of the second summons, or appearing shall not, within twenty days thereafter, file a bond as aforesaid, letters of administration may be granted as aforesaid; provided, nevertheless, that in case of sickness of, or accident to, such executor or executrix, or reasonable excuse made in his or her behalf, the court may, at discretion, allow a further time, not exceeding forty days after such return or appearance, for filing such bond.

5. If the said sole executor or executrix be out of the State at the time of authentication or probat, and shall not, within six months thereafter, return and file a bond as aforesaid, letters of administration may be granted as aforesaid; but in case the said executor be out of the State as aforesaid, and shall return at any time before the expiration of the said six months in order to expedite the granting of letters, there may be a summons, and the same proceedings thereon, as if he or she had been in the State at the time of authentication and probat, and upon the said proceedings letters of administration may be granted before the expiration of six months; but it shall not be held necessary to proceed by summons as aforesaid, in case the party be as aforesaid out of the State at the time of authentication or probat, and shall return as aforesaid; but letters of administration, after the expiration of the said six months, may be granted without such proceeding by summons against the executor or executrix so returning.

6. If there shall be more than one executor or executrix named in a will containing any disposition relative to any personal estate, there may be the same proceedings with respect to each of them as if he or she were the only executor or executrix named; and any circumstances under which letters of administration may be granted, on failure of a sole-named executor or executrix, shall authorize the granting letters testamentary to one or more of the executors, on the failure of one or more of the rest; and any circumstances under which letters of administration may be granted, on failure of a sole-named executor or executrix, shall authorize the granting of such letters of administration on failure of all the executors; and in no case where there are several executors named in a will shall letters testamentary be granted to one only, or to any number of them less than

the whole, or shall letters of administration be granted until there shall be such proceedings against each of them failing as would authorize the issuing letters of administration in case of the failure of a sole-named executor.

7. If any executor or executrix named in a will shall file, or transmit to the orphan's court of the county wherein the will shall have been authenticated or proved as aforesaid, an attested renunciation in writing of his or her trust, there may be the same proceedings with respect to granting letters testamentary or of administration as if the party so renouncing had not been named in the will: Provided nevertheless, That any executor or executrix named in a will shall be entitled, notwithstanding any failure or renunciation as aforesaid, on filing a bond as aforesaid, before letters testamentary or of administration shall actually be committed to another or others as aforesaid, to have letters testamentary granted to him or her, or to be included therein, as the case may require.

8. In case letters testamentary shall be granted to one or more of the execu tors named in a will, on failure of the rest, no executor or executrix, not named in the said letters, shall in any manner interfere with the administration, or have any greater interest in the estate of the deceased than if he or she had not been named in the will as executor or executrix; and if letters of administration, with a copy of the will annexed, shall be granted, no executor or executrix therein named shall in any manner interfere further with the administration, or have any greater interest in the estate aforesaid, than if he or she had not been named as aforesaid; and no executor or executrix named in a will shall, before letters testamentary shall be granted to him or her, have any power to dispose of any part of the estate of the deceased, or to interfere therewith, further than is necessary to collect and preserve the same: Provided nevertheless, That any act of an executor or executrix named in a will, done before obtaining letters testamentary, shall, in case he or she shall afterwards obtain such letters, be as valid and effectual as if the said act had been done after obtaining such letters; and in case of a suit commenced by such executor or executrix, it shall be sufficient to produce the said letters, or a certificate under the seal of the office where they were obtained that they have been granted to the party, at any time before the trial or final hearing on such suit; and in any case whatever, where an exhibit of such letters testamentary or of administration would be good or available, a certificate as aforesaid shall also be good and available.

9. It shall not be necessary, in any suit at law or equity brought by or against an executor, executrix, or executors, to make a party of any executor or executrix named in the will, who shall not also be named in the letters testamentary, but the making him, her, or them a party or parties by mistake, shall not vitiate any proceeding for or against the proper party or parties.

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10. Any bond executed by an executor or executrix, or an administrator or administratrix, as hereafter mentioned, shall be recorded in the office of the ister of wills where administration is granted; and any person conceiving him or herself interested in the administration of the estate, shall be entitled to, and have on demand, a copy of such bond and a certificate from the register, under his hand and the seal of his office, upon which copy and certificate an action may be maintained, in the name of the estate, for the use of the party interested, and judgment may be recovered upon such action for the damage actually sustained.

11. The condition of the bond to be passed by any executor or executrix, administrator or administratrix, shall be as follows, or to the following effect : "The condition of the above obligation is such, that if the above-bounden

shall well and truly perform the office of executor or executrix, administrator or administratrix, of late of - deceased, according to law, and shall in all respects discharge the duties of him (or her) required by law as executor or executrix, or administrator or administratrix, aforesaid, without any injury or damage to any person interested in the faithful performance of the said