Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1852-09-24
LAWS OF 0LI0.
PubIIshed by Authority,

Ut full age and sound memory, having an in
IeresI 10 lands, IenemenIs oT herediIamenIs, or
Any anouiIy or rent charged upon or issuing
uuI Of the same or any goods, chaues, rights,
credits chooses 10 action or possession, or any
other property Of any description Whatever,
NAV give and devise the same TO any person, by
last will and testament lawfully executed; sub.
iect nevertheless, to the rights OF creditors, and
10 the provisions Of this act, aud OF an act en.
litsd ian act 10 restrain the en1ailmenI Of re-.
al estate"
Sec. 2. Every last will and testament, Tex.
cepI such as is mentioned n the seventy fourth
section Of this act,) shall be in writing, aud
signed al the end thereof, by the party making
the same, or by some other person in his pres.
ence and by his express direction and shall be
auesled and subscribed ia the presence Of such
party, by two or more competent witnesses, who
saw the IeslaIor subscribe, or heard him ac.
knowledge the same.
Sec. 3. Any will in wiring, may be dePns'
lied, by The person making The same, or by
some person for him, in the office of the Judge
of the probate courI, 10 the county in which
such leslalor lives 10 be safely kept until delivs
eled or disposed Of as hereinafter provided; aud
said probate Judge on being paid the fee Of one
and give certificate of deposit thereof.
Sec. 4. Every will intended to be deposited
as aforesaid shall be enclosed in a sealed wrap.
per, which shall have endorsed thereon the
name of the leslalor, and the said probate Judge
shall endorse thereon, the day when, aud the
person by whom il was delivered; and may also
have endorsed the name orany person to whom
il is to be delivered; aud II shall not be opened
4 4 lad n
receive the same or otherwise disposed oI as
hereinafter provided. .. s..
Sec. 5. Such will shall, during The life
time of the tesiaIor, be delivered only TO him
seIf, or 10 seine persQn authorized by hun, by
an order in writing duly proved by The oa'h OF
q subscribing witness; aud after his death II shall
be delivered 10 the person named IN lhe ndorse'
ment on the wrapper OF the will, if there be any
person so named who shall demand ii.
Sec. 6. Ii no person shall demand the will
in pursuance Of such appointment, II shall be
publicly opened in tho probate court, within TWO
months after Douce of the death Of the Ieslator
and shall be retained in The Office Of the probate
Judge, until offered for probate; or il the Jurs'
diction belongs 10 any other court, II shall be
delivered to The executors or other persons en-.
titled TO the custody of ii. to be presented for
probate in such other court; and if the lurlsdIc.
ZION Of such will belongs to The probate Judge
opening the same he shall Immediately give no
lice 10 the executor or executors, II any are
namod in such will. and if none are named
therein, then 10 the other persons Immediately
interested, Of the existence OF such will,
Sec 7. If any real or personal estate shall
be devised or bequealhed by the last will, the
executors Of such will, or any person interested
therein may cause the same 10 be brought be.
fore the probate court of the county in which
such estate may be-, and the court may by CT.
IaliOn, attachment or warrant, or II crcumStan'
ces require ii by warrant or attachment IN the
first instance compel 1he person having 'he Gus
Iody or control of such will, TO produce II be-.
fore the couu Ior the purpose of being proved.
Sec. 8. The process mentioned in the pre-
ceding section, may be issued into any county
in the state and shall be served aud returned by
the sheriff, or other officer 10 whom il may be
delivered.
Sec 8. The officer TO whom such process
NAV be delivered, shall be liable for neglect in
the service or return of such process in like
manner as sheriffS are, or may be by law, la
BILE for neglect in not serving or returning ca
pias issued upon an indictment.
Sec. 10. Ii the person having the custody
or control of will, shall, without any reasona.
BILE cause, neglect or refuse TO produce the same
for probate, after being duly cited for that pur-
pose, he may be committed to the Jail of the
county, there TO be KEEP. i'll close custody until
he shall produce the will, and he shall be lur'
ther liable TO The action of any party aggrieved,
for the damages which may be sustained by
such neglecI or refusal.
If IL nj In q
person who is a witness TO the will, aud the will
cannot otherwise be proved than by the tesu
monv of such witness, the devise or beques
shalI be void, and the witness shall be compe
aant 10 give testimony Of The execution Of tht
will, in like manner as if such devise or beques
had not been made; and if such witness woult
have been entitled 10 any share Of The esIaIor'
estate; in case the will was not established, 81
much oe such share as shall not exceed the be
quest or devise to hin, shall be saved to hin
and the deVsees and IegaIees shall conIrlbuI
for that purpose in the mode directed in Ih
forly.6r section Of this act.
Sec. I2. The said court shall cause III
witnesses 10 such will, and such other wines
ses as any person interested in having the sam
admitted TO probate, may desire, to come beior
such court and said witnesses shall be exam
% ined in the opeL court, and their testimony re
,duced to wiring and filed.
E' Sec. IS. II it shall appear to the cour
when the will is offered for probate, that an
witness thereto is gone TO parts unknown; or
the witnesses 10 a will were competent, at III
time Of alles,ing its execution, and aiIerward
become incompetent The will may be a6miIte
10 probate, and allowed, upon such proof .
would be satisfactory and in like manner as
such absent or incompetent Witnesses wei
dead.
Sec. IA. The court may issue commi
sion. with the will annexed, directed to an
4, suitable person or persons, to take the depos
,;on of any wi,ness IN a will who resides out