The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1852-07-28
LAWS OF OHIO.
PUBLISHED BY AUTHORITY.
mo. ss.] AN ACT

Relating to Wills, and to repeal former
| acts relating thereto.
| SEC. !. Be ii enacted by the General
Assembly Of the State Of Ohio, That any
person Of full age and sound memory,
having an interest in lands. tenemsnts or
hereditaments. or any annuity or rent
charged upon or issuing out OF the same,
or any goods, chattsls, rights, credits.
chooses in action or possession, or any
other property Of any description what.
ever, may give and devise the same to
any person, by last will and testament
lawfully executed; subject, nevertheless,
to the rights Of creditors. and to tho provi.
sions Of this act, and OF an act entitled
ian act to restrain the sntailment Of real
estate:"
SEC. 2. Every last will and testament,
Except such as is mentioned in the sew.
enty-iourth section of this act,) shall be in
writing, and signed at the end thereof, by
tho party making the same. or by some
other person in his presence and by his
express direction. and shall be attested
and subscribed in the presence Of such
party. by two or more competent witness
es, who saw the testator subscribe, or
heard him acknowledge the same.
SEC. 8. Amy 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 coun-
ty in which such testator lives. to be safe.
ly kept until delivered or disposed Of as
hereinafter provided; and said probate
Judge. on being paid the fee Of one dollar
therefor, shall receive and keep such will,
and give certificate OF deposit thereof.
SEC. 4. Every will intended to be de-.
posted as aforesaid, shall be enclosed in
a sealed wrapper, which shall have en-
dorsed thereon the name of the iestator,
and the 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
it is to be delivered; and it shall not be
opened or read until delivered to a per-
son entitled TO receive the same, or other
wise disposed Of as hereinafter provided.
Sec. 5. Such will shall; during the life
time of the testator, be delivered only to
himself. or to some person authorized by
him, by an order in writing. duly proved
by the oath Of a subscribing witness; and
after his death. il shall he 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. 6. If no person shall demand the
will in pursuance Of such appointment. it
shall be publicly opened in the probate
court. within two months after notice Of
the death oI the testator. and shall be re-
tanned in the Office of the probate Judge.
until offered for probate; or If the jursdic.
ton belongs TO any other court, it shall be
delivered TO the executors or other persons
entitled to the custody of it, to DO present.
ed for probate in such other court; and if
the jurisdiction of such will belongs to the
probate Judge opening the same, he shall
Immediately give notice to the executor or
executors. if any are named in such will,
and if none are named therein, then to the
other persons Immediately interested. Of
the existence OF such will.
SEC. 7. If any real or personal estate
shall be devised. or bequeathed by the
last will, the executors of such will, or any
person interested therein, may cause the
same to be brought before the probate
court of the county in which such estate
may be, and the court may. by citation.
attachment or warrant, or if circumstan.
No. .o,n;.. 10 l,,, ,y.r.opt ~ ettach ~, .nt
in the first instance, compel the person
haying the custody or control Of such will,
TO produce i, before the court for the pur-
pose Of being proved.
SEC. 8. The process mentioned in the
preceding section, may be issued into any
county in the state, and shall be served
and returned by the sheriff, or other officer
to whom il may be delivered.
SEC. 9. The officer to whom such pro.
cess may 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, liable for neglect. in not
serving or returning capias issued upon
an indictment.
SEC. 10. II the person having the GUS
tody or control Of a will. shall, without any
reasonable cause. neglect or refuse to pro-
duce the same for probate. after being du.
| ly cited for that purpose. he may be COM
mitted 10 the Jail of the county. there TO be
kept in close custody until he shall pro-
duce the will. and he shall be further lia.
BILE to the action Of any party aggrieved.
for the damages which may be sustained
by such neglect or refusal
SEC. IL. II devise or bequsst is given
to person who is witness to the will,
and the will cannot otherwise bo proved
than By the testimony Of such witness, the
devise or bequest shall be void, and the
witness shall be competent 10 give tcstimo-
ny Of the execution Of the will, in like
manner as If such devise or bequest had
not been made; and if such witness would
have been entitled TO any share ol the tes-
tator's estate, in case the will was not
established. so much Of such shares as