Fremont weekly freeman. [volume] (Fremont, Sandusky County, Ohio) 1850-1853, 1852-06-19
Ga 10 g of Ohio.
Published by Authority.
So.
AN ACT


See. /. BE It enacted by the General As
emily Of The state Of Ohio. That any person
of full aye and sound memory, having an in
terest in lands, tenements or herediGaments
or any annuity or rent charged upon or issu
ing out the same, or any goods, chattles
rights, credits, chooses in action of possession
or any other property of any description what
ever, may give and devise the same 90 any
persen, by last will and testament lawfully ex
ecuted; subject, nevertheless. to the rights oi
creditors, and TO the provisions Of this act
and of an act entitled can act to restrain the
entailment of real estate"
Sec. 2. Every last will and testament Tex
cept such as is mentioned in the seventy.
fourth section Of this act,) shall be in writing
and sighed at the end thereof, by the party
making the same, or by some other person in
his presence and by his express direction, and
shall be atIeated and subscribed in the pres
of such party. by two or more competent
witnesses, who saw the testator subscribe, OF
heard him acknowledge the same.
Sec 3. Any will in writing, may be de-
posted, by the person making the same, or
by some person for him, in the Office of the
Judge Of the probate court in the county in
which such tesIator lives, TO be safely kept
until delivered or disposed of as hereinafter
provided; and said probate judge. on being
paid the fee of one dollar therefor, shall re-
ceive and keep such will, aud give certif-
cate of deposit thereof.
Sec. 4. Every will intended 10 be depos-
tied as aforesaid, shall be enclosed in seal
ed wrapper, which shall have endorsed there
on the name Of the testator. and said probate
Judge shall endorse thereon, the day when
and the person by whom it was delivered ;
and may also have endorsed the name of any
person TO whom il is TO be delivered; and it
shall not be opened or read until delivered
TO person entitled TO receive the same, or
otherwise disposed Of us hereinafter provided.
Sec. S. Such will shall, during the life
time of the testor. be delivered, only TO him
self, or to some person authorized by him. by
an order in wiring d"ly proved by the oath
ofa subscribing witness; and after his death,
it shall be delivered to the person named in
the endorsement on the wrapper Of the will.
if there be any person so named, who shall
demand it - ....-
Sec g. If no person shall demand the
will in pursuance ofsuch appointment, it shall
be publicly opened in the probate court,
WltHlu TWO IlOUtilS VI dNohu
Of the testator, and shall be retained in the
Office Of the probate judge, until offered for
probate or if the jurisdiction belongs to any
other court it shall be delivered to the exec
uiors or other persons entitled to the custody
oft, to be presented for probate in such 9th
er court, and if the jurisdiction Of such will
belongs to the probate judge opening the
same be shall Immediately give notice to the
executor or executors if any are named in
snch will, and if none are named therein, then
to the other persons Immediately interested,
Of the existence of such will.
Sec. z. If any real or personel estate shall
10 devised, or bequeathed by the last will.
the executors of such will, or any person in
terested therein may cause the same to be
brought before the probate court of the coun-
ty in which such estate may be, and the court
may, by citation, attachments or warrant, or il
circumstances require il. by warrant or at
tachmrnt in the first instance. compel the
person having the custody or control of such
WILL to produce il before the court for the
purpose Of being proved.
Sec. 8. The process mentioned in the pre-
ceeding section, may be issued into any coun-
iy in the state, and shall be served and re-
Ol AHS W OeuCt OLASCA " hHOd
il may be delivered.
Sec. 9. The officer to whom such process
may be delivered, shall be linble for neglect
in the service or return of such process, in
like manner as shelitfs are, or may be by law
liable for neglect in not serving or returning
capias issued upon an indictment.
Sec. TO- If tho person having the custody
or control of q will, shall, without any reasona-
bic cause. neglect or refuse TO produce the
came for probate. after being duly cited for
that purpose, he may be committed 10 the
Jail ofthe county. there to be kept in ciuse
custody until he shall produce the WILL and
he shall be further liable to the action of any
party aggreived, for the damages which may
be sustained by such neglect or refusal.
Sec. H. liza devise or bequest is given 70
| person who is a witness to the will, and the
will cannot otherwise he proved than BY the
testimony OF such witness, the devise or be-
quest shall be void, and the witness shall be
competent to give testimony of the execution
of the will, in like manner as if such devise OF
bequest had not been made; and if such wit
ness would have been entitled to any share
of the testator's estate. in case the will was
not established, so much of such share as
ohoiA NV SA~OSA ShS " NN'ASS ~ Lii'lJ
shall be saved TO him; and the devises and
Iegates shall contribute for that purpose in
the mode directed in the forty-frst section oi
this act
Sec. H. The said court shall cause the
witnesses to such will, and such other wit
nesses as any person interested in having the
same admitted 10 probate, may desire, to
come before such court; and said witnesses
shall be examined in open court, and their
testimony reduced to writing and filed.
Sec. 49, lfit shall appear to the court
when the will is offered for probate, that any
witness theteto is gone to parts unknown; Oh
if the witnesses to will were competent, al
the time of attestiAg its execution, and after
wards become incompetent. the will may be
Admitted to probate. and allowed, upon such
proof as would be satisfactory, and in like
manner asif such absent or incompetent wit
nesses were dead.
Sec. IA. The court may issue a commiss-
ion, with the will annexed, directed 10 any
suitable person or persons to take the dcposi-
tion of any witness to n will who resides oui