Fremont weekly freeman. [volume] (Fremont, Sandusky County, Ohio) 1850-1853, 1852-06-19

the teEtator. at the time of executing the same
was Of full age, and of sound mind and mem
ory,and not under any restraint, the court shall
admit the will to probate. -zs ....
Sec. 16. Every will, when admitted tc
probate as above mentioned, shall be filed ia
the office of the probate judge, and recorded
together with the testimony, by said Judge ol
his clerk. in book which shall be kept BY
him for that purpose.
Sec. II. A copy of such recorded will
with copy ofthe order of probate annexed
thereto, certified by the said Judge of probate
under sealof his court, shall be as effectua
in all cases, as the original would be, if pro
cured and established by proof.
Sec. la. Ifreal estate devised by will,
situate in any other county than that in whicl
the will 10 proved, an authenticated copy Q
the will and order of probate, shall be admi.
ted to record in the Office of the probat
Judge of each county in which such real es
tate may be situate, upon the order of sucl
probate judge.snd shall have the same VALIDITY
therein, as if probate had been had in sucl
county. -.-.r
Sec. 10. II no person interested, shall
within two years after probate had, appeal
and contest the validity of the will, the pro
bate shall be forever binding, saving, however
to infants married women, and persons sb-
sent from the state, or Of insane mind, or in
captivity the like period, after the respec-
tive disabilities are removed.
Sec. 20. The mode of contesting will
shall be BY bill in chancery, which may be
filed in the court ofcommon pleas in the prop
er county. within said two years, by any per-
son interested in the will or estate Of the de-
ceased.
Sec. 2l. In such suit in chancery. an issue
shall be made up. whether the writing pro
duced be the last will of the testator or not
which shall be tried by jury, whose verdict
shall be final between the parties. unless the
court Ghall grant new trial. or the cause be
appealed 10 the district court 81. ..
Sec %. The order of probate shall be
prime facie evidence. on the trial Of said issue
Of the attesiation, execution and validity oi
said will
Sec 2s. A certified copy of the testimony
ofsuch of the witnesses examined upon the
original probate. as are out of the jurisdiction
ofthe court, dead or have become in compe.
tenn since the probate. shall be admitted in
evidence upon such trial.
Sec. "a. In all suits in the court Of com
mon pleas, in whish any will may be contes.
ted. appeals may be had from the final de-
crees rendered thereon. as in other suits in
chancery. to the district Court; and said dis
trict court shall on the application of either
party in the trial Of such contested will, dl
rect the issue that was tired in the court be-
low, to br retired by jury, in said district
court. in the same manner as is provided BY
law, in such cases. in the court of common
pleas.
Sec. 25. The rights of infants, married
women, or persons absent from the state, oI
of insane mind. or in captivity. shall aoI be
concluded by the verdict of the jury, or the
decree Of the court thereon, mentioned ia
the twenty first and twenty fourth sections
OF this act; but such persons may, within
two years after their respective disabilities
are removed, and not thereafter, contest by
bill in chancery. and in the manner provided
in the FIVE proceeding sections Of this act
the said verdict and decree.
| Sec. 90 Authenticated copies of wills, ex'
ecuted and proved according TO the law of any
state or territory of ths United States. rela.
tive to any properly IN the state of Ohio, may
be admitted TO record in the probate courl
of any county in :his state, where any part
of such property may be situated; aud such
authenticated copies so recorded, shall have
the same validity in law. as wills made ia
this state, in conformity with the laws there
Of are declared to have; Provided, tha,
where any such will, or authenticated copy
has been or shall hereafter be admitted to re,
ccrd, in the probate court If any county in
this state, where any part of such property
may be situated, a copy of such recorded will
with copy of the order to record the same
annexed thereto, certified by the probate
Judge, under the seal of his court, may bt
filed and recorded in the office of the probate
Judge of any other county in this state, whore
any part of, such property is situated, anc
shall be as etfectual, in all cases, as the au
thenticated copy of said will would be, If prov
ed and admitted TO record by the court.
Sec. 81. A will, executed, proved and al
lowed, in any country other than the United
States, and territories. thereof, according Ic
the laws of such foreign state or country, may
be allowed and admitted to record in thi,
state. in the manner and for the purpose men
toned in the following sections.
Sec. %. A copy of the will and probate
thereof, duly authenticated. shall be produced
by the executor, or by any person interested
therein, to the probate Judge Of the county
in which there any estate upon which the vii
may operate, whereuPon said probate Judge
shall continue the motion 10 admit such will
to probate. for the term of two months; and
notice of the filing of such application, shall
be given to all persons interested, in some
public newspaper. printed or in general cir
culation in the county where such motion il
made, at least three weeks succesSively; ths
first publication TO be at least forty days be-
fore the time set for the final hearing of sale
motion.
Sec. %. If, on hearing. it shall appear &c
to the court that the instrument ought to bt
allowed in this state, the court shall order
the copy to be filed and recorded; and the
will, and the probate and record thereof. shal
then have the same force and effect, as if the
will had been originally proved and allowed
in the same court, in the usual manner; Pro
Vided, however, that nothing herein contained
shall be construed to give any operation tt