The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1852-08-04

tne preceding Secu0n, anu SatlSiyinp tit
probate court of the county in which such
Hands. or any part Of than, are situate. by
AN authenticated record ofhis appointment
that he has been duly appointed trustee tc
execute the trust
SEC. n. The court of common pleas O.
the county whore the property affected by
the trust is situated, may, when necessary
on application by petition, Of the party OIL
parties interested. appoint trustee TO car
ry into effect trust created by foreign
will; which trustee, before entering upon
his trust. shall give bond. with such secu
rity. and in such amount, as such cour
shall direct.
SEC. 72. Every father may, by his las
will in writing. appoint a guardian oil
guardians, for any of his children, whether
horn at the time of making the will, or af
forwards, to continue during the minority
OF the child, or for "a less time; and every
such testamentary guardian shall have the
same powers, and shall perform the same
duties with regard to the person and the
estate of the ward, and be subject to reno.
val for the same causes. as guardian ap.
pointed by the codrt Of probate, subject to
the provisions Of the will.
SEC. 73. Every such testamentary guar
dian shall give bond, in like manner and
with like conditions, as is required of a
guardian appointed by the probate court;
Provided, that when the testator, in the
will appointing the guardian, shall have or.
dered or requested that such bond should
not be given, the bond shall not be requir-
ed, unless, from change in the situation
or circumstances of the guardian, or for
other sufficient cause, the court OF probate
shall think proper TO require it.
SEC. "a. A verbal will, made in the last
sickness, shall be valid in respect TO per-
sonal estate, if reduced to writing, and
subscribed by two competent dsnterested
witnesses, within ten days alter the speak
ing of the testamenlary words. and if it be
proved, by said witnesses, that the tsstator
was of sound mind and memory. and not
under any restraint. and called upon some
person present. at the time Of the testamen.
tary words were spoken, 10 bear testimony
to said disposition as his will.
SEC. rs. No noncupative will shall be
admitted to record, unless the same shall
be offered for probate. within six months
after the death Of the testator.
Sec. 76 The expense of proving and
recording wills, shall be paid by the party
at whose instance the same is done; and
the witnesses and officers shall have the
like lees for attendance and services, as in
other cases
SEC. II. Every word in this act, import.
ing the masculine gender, may extend and
be applied to females, as well as males;
and every word importing the singular
number only, may extend and be applied
to several persons or things, as well as to
one person or thing; and every word i'm
porting the plural number only, may ex.
tend and be applied TO one person or thing,
as we'll us 10 several persons or things;
Provided, that no female, during her COW
erture. or life of the father Of her child or
children, shall, by virtue ofthis act, be au-
lhorized and empowered to appoint tes.
tamentary guardian for any child she may
have; and provided further, that suit in
instituted under the provisions of this act.
to contest will, shall be brought in the
county in which the same was proven, and
admitted 10 probate.
SEC 78. The term 'swill," in this act,
shall be construed 10 include "codicils"
as well as wills.
Sec. 70. The act entitled an act relating
to wills, passed March twenty third, one
thousand eight hundred and forty, the
several acts to amend said act. passed
March tenth, one thousand eight hundred
and forty-three. February twenty eighth,
one thousand eight hundred and forty. six,
February twenty-second, ono thousand
eight hundred and forty.eight, March
twentieth. one thousand eight hundred and
and March seventeenth, one
eight hundred and fiiy.one. be
and the same are hereby repealed; Provi-
ded. that all rights that have accrued under
the provisions of said laws, shall not be
affected by the repeal thereof.
SEC. 80. This act shall go into effect on
the first of June next.
JAMES C. JOHNSON,
Speaker ofthe House of Representatives.
JOEL w. WILSON,
President ofthe Senate, pro tenn.
May 3, 1859.
AUDIToR's OFFICE, MONROE CoUNTY,1
Woodsfield, O.. Aug. 4. 1852.
certify that the foregoing law is COR
rectly printed from copy certified by the
Secretary OF State. JOHN b. NOLL,
Auditor, Monroe County
KossUTH's FAMILY IN New YoRK.-I