Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1852-09-24

shall know Of the existence thereof and have
the seine in his power To conuul Tor the term Of
three years unless, within that lime he shall
cause the snme Ia be offered fur or admiued TO
probate; aud BY such neglect the estate devised
TO such deyisee shall descend 10 the hens Of
the leslaior.
Sec. SO. bond agreement, or covenant
made for valuable consideration by teslalor
to convey any properly devised or bequeaIhed
10 any will previously made shall not be deemed
a revocation Of such previous deYlse or bequesI
either al law or in equity bot such properly shall
pass by such devise or bequesI subject TO the
same remedies on such bond agreement, or GOV.
enant for a specific performance or otherwise
against the devisee or IegaIees, as might be had
by law against the heirs of the lesIalor, or his
next kin if the same had descended to them.
Sec. 81. A charge Of incumberance upon
any real or personal estate for The purpose Of
securing the payment Of money or the perform.
ance Of any covenant shall not be boemed re-
vocation of any will relating TO The same estate,
previously executed; but the deVses and lega.
cies therein contained shall pass and take effect
subject 10 such charge or incumberance.
Sec. 35. A conveyance, senlemenI deed or
or other act of The testaIor, by which his estate
or interest 10 properly properly previously de.
vised or bequeaIhed by him, shall be altered but
not wholly divesIed shall not be deemed revo.
cation Of The devise or bequesI shall pass to the
denisee or legatee, the actual estate or interest
Of the IesIator, which would Otherwise descend
to his heirs or pass to his next kin; unless in the
instrument by which such alteration is made.
The intention is declared, that il shall operate as
a revocation Of such previous devise or bequest.
Sec. 36. But il The provisions Of the in'
sIrumenI by which such alteration is made are
wholly Inconsistent with the terms and nature
Of such previous devise or bequest snch instru.
ment shall operate as revocation thereof un'
less such provisions depends on condition or
contingency and such condition be not perform.
ed or such contingency do not happen.
Sec. 81. will executed by en- unmarried
woman shall not be deemed revoked by her sub
sequent marriage.
Sec. 38. lr the testaior had 10 children at
time Of executing bis will but shall afterwards
have a child living or born alive after his death
such will shall be deemed revoked, unless pro.
visions shall have been made for such child by
some settlement or unless such child shall nave
provided for in the will or in such wav men.
toned therein as to show an intention not TO
make such provision, and no other evidence to
rebuI the presumption or revocation; shall be
received.
Sec. 80. will shall be revoked by the tos.
ta,or tearing, cancelng, obIiIcraIing, or destroy
ing the same (wuh the intention Of revokng it,)
by the lestaor himself, or by some person in
his presence, or by his direction; or by some
other will or codiCil, 10 writing executed pre-.
scrbed in this act; or by some other wriIng
signed, aItesled and subscribed. 10 mannerpr
vIded by this act for the making Of wilI but
nothing herein contained shall prevent the revo.
cation implied by law, from subsequent changes
n The condition or circumstances Of tho tesla.
tor
Sec. 40. If, after the making Of any will,
the tesialor shall duly make and execute sec.
ond will, the destruction cauceing or revocation
of such second will shall not revive the FIRST will
unless it appear by the terms of such revoca.
lion that il was his intention to revive and give
effect to this firsl will or unless, after such de.
strucliOn. canceling, or revocation, he shall du-
ly rppubish his frst will.
See. Al. When leslater. at the time of ex-
ecuting his will, shall have a child absent and
reported 10 be dead or, having a child at the
time of executing the will, shall afterwards
have child who Is not provided for in the will
the absent child, or the child born after The ex'
e1uIion Of the will. shall take the same share o
the estate, both real and personal, that they
would have ben entitled to if The leslalor haC
died ineslate; towards raising which portion
the devises and legaees shall equally contribute
in proportion TO the valve Of what they shall re-
spectively receive under the will unless, in con
sequence Of specific devise or bequest, or o
some other provisions in the viii, different 0P
portionment among the devisees and legatee'
shall be found necessary, in order 10 give etfec
10 the intention Of the tesla'0r as to that part o
the estate which shall pass by the will; Provi
ded than if such child, supposed to be dead
the lime of the execution of the will shall have
child or children, provision for whom is made
by the estator, the other Iegatees and devisee
shall not be required 10 contribute, bu suct
child, supposed 10 have been dead, shall taxi
the provision made for his child or children, b,
the lestalor or such part thereof as the circum
stances of the case. in the opinion Of the cour
of proper jurisdiction, may think just aud equl
table.
Sec. AZ. In setting the extent Of the CLAIM
OF any child, as provided for in The PreceedO
section, any portion of The estate of The tnsa
tor received by party interested, by way of ad
vancement, shall be deemed portion of III
estate, and charged 10 The parry who has re
ceived the same.
Sec. l3. IL any provision be made for
widow in The will Of her husband she shall with
in one year after probate Of The will make he
selection whether she will take such proVisio
or be endowed of his lands: but she shall n,
be entitled to both unless il plainly appears b
The will to have been the intention Of The tesla
; TOR that she should have such provision in ad
diIon 10 her dower.-( CONCLUDED NEXT WEEK.
' GREAT STORM IN ENGLAND.-All parts {
Great Britain were visited during The week {
!. August preceding the sailing Of The steamer. b
!. storms ofthunder and lightning Of unprecedeI
led violence, In England, ireland, ScoIan