Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1852-06-03

menl by which such alteration is made, the
intenli0n is declared. that il shall operale as
revocation Of such previous devise or be-
quest.
SEC. SO. But If the provisions of The in
strument by which such alteration Is made.
nre wholly Inconsistent. with the terms and
nature oil such previous devise or bequest,
such instrument shall operate as a revoca'
lion thereof, unless such provisions depends
on condition OF contingency, and such con-
dhion be no, performed, or such contingency
do not happen.
SEC. 81. A will. executed by an unmar.
ried woman. shall not be deemed revoked
by her subsequent marriage.
SEc. SO. IL the iesia,or had no children
at the time Of executing his will, but shall
afterwards have child living, or born alive
after his death. such will shall be deemed
revoked, unless provisions shall have been
made for such child by some setllement. or
unless such child shall have been provided
| for in the will, or in such way mentioned
therein, as to show an intention not I" make
such provision, and no other evidence, 10 re-
bu, the presumption or revocation, shall be
received.
Sec. 80. A will shall be revoked by the
tes,ator tearing, canceling, obli,era'ing. or
destroying The same. with the intention OF
revoking it.) by the lesator himself, or by
1 some person in his presence. rby. his di-
reciion; or by some other will or codicil, in
writing, executed as prescribed by this act;
or by some other writing, signed. attes.ed
and subscribed, in the manner provided by
this act for the making Of will; bu. moth
ing herein contained shall prevent The revo'
cation implied by law, from subsequent
changes in The condition or circumstances
Of The ies,ator.
Sec. 40. IG. after The making of any will
The .eslalor shall duly make aud execute Q
second will, the destruction, canceling ol
revocation Of such second will, shall no. re-
vive the first will, unless ii appear by the
terms of such revocation, that i, was his in
len,ion to revive and give effect to his frs
will; or unless, after such destruction, can
ceiling. OF revocation, he shaIl duly repubist
his first will.
SEC. Al. When aies,a,or, at the time o
executing his will, shall have a child absen
: and reported TO be dead, or, having a child
at the lime of executing The will, shall after
: wards have a child who is moi provided fo
: in he will. he absen, child. or The child
born after the execution Of the will. shaI
take the same share of the eslnIe, both rea
and personal that they would have beer
entitled TO if tho tes,alor had died inleslate
towards raising which portion, the devisee
and ega,ees shall equal contribute. in pro
portion 10 the value Of what they shall re
: spectively receive under the will, un'css. il
D consequence of specific devise or beques,
or OF some other provisions in the will.
y, different apporionmen, among the devisee
y and legalees shall be found necessary. i
p order 10 give effect TO the intention Of tn
: ,es,alor, as TO that part of the estate whic
Y shall pass by the will; Provided, tha, If sue
child, supposed TO be dead al the time of lh
S execution of the will, shall have a child q
$ children, provision for whom is made by tn
/. lestalor, The other legalees and devisees sha
no, be required 10 contribute, but such chilc
! supposed TO have been dead, shall take tn
provision made for his child or children, b
. the ,estalor, or such part thereof as the Gil
cumslanccs of the case, in The opinion {
D the cour. Of prope. jurisdiction, may hin
=. JUS, and equitable.
n Sec. AZ. In settling the extent Of tn
e claim of any child, as provided for in N
preceding section, any portion OF the eslal
e Of the lcsla.or received BY party interested
d by way of advancement, shall be deemed
q portion Of the estate, and charged 10 tn
v party who has received the sane.
q Sgc. 43. If any provision b. made for
q widow, in The will Of her husband, she sha
it within one year after probate Of The will
q make her election. whe.her she will tax
}. such provision, or be endowed of his land
r but she shall no, be entitled TO both, unle
'r it plainly appears by The will. to have bee
p the intention of the iesialor iha, she shou
IS have such provision in addition TO b.
nj dover.
le Sec. A. The election of the widow
take under the will, shall be m ade by h
ar in person, in The Probate Cour of the pr
'e per county, except as hereinafter provide
pr and on the application by her to take und
'e the will, it shall b. the dIty Of the Court
II. explain 10 her The provisions OF the will, h
as rights under it, and by law. in The event
I'd her refusal 10 !ake under The will. III
al election of the widow 10 lake under the wi
'g shall be entered upon The minutes of d
We Court, and if the widow shall fail to ma
m such election, she shall retain her DOVE
nd and such share Of the personal estate of h
us husband, as she would be entitled 10 by Ia
in case her husband had died inlestate.
TO she elect 10 lake under The will, she shall
ns barred Of her dover, and take under I
mt will alone; Provided, ,ha, said election
ol the widow 10 take under lhe will, shall n
nd bar her Of The right 10 remain in The ma
Ie' sion of her husband, and receive one yea
X allowance FOR the support Of herself a
a. children. as now provided by law, uni,
ne the will shall expressly otherwise direct.
nd SEC. As. If the widow of the tesla
ne shall be unable to appear in court, by reas
rs of i'll health, or is not resident of lhe cot
We " in which said election is required 10
made, it shall be the duty Of The Prob
lss COrrl, on an application made in her beh,
We 10 issue commission, with copy of I
os will annexed, directed to any suitable pers,
10 take the election Of said widow, to
re- cep, The provisions Of said will in lieu
n The provision made for her by law: and