Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1852-06-03

that time, he shall cause the same Il
be offered for or admitted to probate;
and BY such neglect, the estate de.
yised to such devisee, shall descend
10 the heirs Of The iesiator. sew
n Sec, 33., A bond,, agreement, OF
:, covenent, made for a valuable con.
sideration by testator, TO convey
any property devised or Jbequeathed
! in any will previously made, shall
not be deemed a revocation of such
previous devise or bequest, either at
! law or in equity; but such property
shall pass by such devise or bequest,
subject 10 the same remedies on
such bond, agreement, or covenant,
Tor a specific performance or other
wise. against the devisee or legatees,
as might be held by law against the
| heirs Of the testator. or his next OF
kin, il the same had descended to
them.. vs. oi EtsfE ,.Suog. c'f
/ Sec. 81. A charge or incumbrance
upon any real or personal estate, for
the purpose Of securing the payment
of money, Or the performance Of
I any covenant, shall not be deemed a
revocation Of any will relating TO
the same estate. previously executed;
bat the devises and legacies therein
contained, shall pass and take effect,
subject TO such charge OF, incum-
l-brance iif ErG T91 e1i t9 1888
Sec. 35. A conveyance, setlle-
ment, deed or other ACT of the tesla
tor, by which his estate or interest
in property previously devised OF
bequeathed by him, shall be altered,
but not wholly divested, shall no. be
deemed a revocation Of the devise or
bequesu of such properly, but such
devises or bequest shall pass 10 the
devisee or legatee, the actual estate
or interest OF the testator, which
would otherwise descend 10 bis heirs,
or pass TO his next of kin; unless in
the instrument BY which such alIera
lion is made, the intention is de-
clared, that il shall operate as
revocation Of such previous devise or
bequeSt. fIi'0 yiGa.e ra. .frI<
Sec. SO. But ii the provisions Of
the instrument, by which such aItera-
tion is made, are wholly inconsistent
with the terms and nature of such
previous devise or beques:, such in
strument shall operate as a revoca-
tion thereof, unless such provisions
depends on condition or ccntingen-
cy, and such condition be not per-
formed, or such contingency do not
happen. a'i
Sec. 81. A will, executed by an
unmarried woman, shall not be
deemed revoked by her subsequent
marriage. .st-.f t--
Sec. 80. If the testator bad no
rhildren at the time of executing
his will, but shall afterwards have
a child living. or born alive after his
death, such viii shall be deemed
revoked, unless provisions shall have
been made for such child by some
settlement, or unless such child shall
nave been provided for in the will,
or in such way mentioned therein,
as 10 show an intention not to make
such provision, and no other evil
dence, to rebut the presumption or
revocation, shall be received.
Sec. SO. "A will shall be revoked bv
the testator tearing. cancelling. oblhera-
ting, or destroying the same, with the
intention of reyohng it, by the iestaior
himself, or by some person in his pres
enee, or by his direciion; or by some
other will or codicil, in writing, execu-
ted as prescribed by this act; or BY some
other writing, signed, atteSted and sub
scribed, in the manner provided by this
act for the making of will; but nothing
herein conlainedishaIl prevent the revo-
cation implied by law, from subsequent
changes in the condition or circumstan-
ces OF the testator.
Sec. 40. If. after the making of any
will, the testator shall duly make and
execute a second will, the destruction.
cancelling or revocation. of such second
will. shall not revive-the- first will. un-I
less it appear by the terms Of such rev.
ocation, that il was his intention TO re.
yiye and give effect to his fist will; or
unless, after such destruction. cancel |
ling, orreyocation, he shall duly repub.
lish his first will. ~, T.. ...-s5
. Sec. Al. When a testator, at the time
Of executing his will, shall have a child
absent and reported 10 be dead, or hay-
ing a'chfld tat1e time Of executing the !
will, shall afterwards have a child who
is not provided Tor inathe will, the ab.
sent child, or The child born after the
execution oflthe will Hshall take the
same share Of the estate, both real and
personals that they. would have been en-
tiied7to if thetestntor had died iniestaie;
towards raising which portion, the deEi-
sees and legatees shall equally contrib !
ute, in proportion, to the value of what
they shall espectively receive under the
will, unless, in Consequence of a spe-
cihc devise or bequest, or Of some other
provisions in the will, different appor
tionment among 1he { evisees and lega-
tees shall be found necessary, in order
to give effect to tie intention of the tes.