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

witnesses shall be examined by SAID pro-
bats Judge, and their testimony reduced
TO writing, and filed by him in his court;
| Provided. that in all cases where il may
be necessary so TO do, in consequence Of
Witnesses residing out of the jurisdiction
of said court, or who reside within such
jurisdiction and are infrm or unable 10
attend court. the court may order the tes-
timony of such Witnesses TO be taken and
reduced 10 writing by some competsnt
person. which testimony shall also be filed
in such probate court. t8
SEC. so. If the court. upon such proof,
shall be satisfied that such last will and
testament was duly executed in the mode
provided by the law in force at the time Of
its execution, thar the contents thereof are
substantially proven. and that the same
was unrevoked at the death of the teststor,
and has been lost, spoilatsd or destroyed,
subsequently, to the death Of such testator,
such court shall find and establish the con.
tents of such will. as near as the same
can be ascertained and cause the same.
and the testimony taken in the case, to bs
recorded in said court. 3
SEC. 81. The contents Of any such last
will and testament so found, established
and admitted to probate. as aforesaid, shall
be effectual to pass real and personal es.
tate. and for all other purposes, as il the
original will had been admitted to probate
and record, according 10 the provisions of
this act; and such wills shall, in all re.
spects, be governed by the laws in force
relating 10 other wills. not only as relates
TO the contest OF the same, but in oil other
matters.
Sec. g. The title of any bona fids pur.
chaser, without knowledge ofa will. to any
lands situated in this State. derived from
the heir or heirs Of any person not resi-.
dent Of this State at the time Of his or her
death. shall not be defeated by the pro-
duction OF the will OF such decedent, un-
less such will shall be offered for record
in this State, within four years from the
final probate and establishment OF such
will in the State or territory in which il
may have been admitted to probate; Pro.
vided, that the rights Of infants, married
women, or persons of insane mind and
memory, shall not be concluded by any
delay or failure to record such will in this
State. until two years after their respective
disabilities are removed; Provided. further,
that no proceeding shall be had in this
State to contest will executed and proved
according to the law of any State or tori.
tory of the United States. or of any foreign
country, relative to property in this State;
but if the said will shall be set aside in the
State, territory or country in which it is ex-
ecnted and proved, the same shall be held
Of no validity in this State, as to all per.
sons claiming under said will. with notice
Of the same being set aside as aforesaid;
and as to all other persons, from the time
that an authenticated copy Of the final or
der or decree setting the same aside, is Fl.
led in the Office Of the Probate Judge OF the
county in which said will is recorded.
SEC. SO. When lands, ,tenements, or he
reditaments are given by will, to any per.
son tor his life. and after his death to his
heirs in fec, or by words TO that effect, tho
conveyance shall be construed to vest an
estate for life only, in such first taker, and
remainder in fee simple in his heirs.
SEC. 81. Any estate, right or interest, in
lands or personal estate, or other property,
acquired by the testator after the making
OF his will. shall pass thereby. in like man.
ner as if held or passed possessed at tho
tins Of making the will, il such shall clear.
ly and manfestly appear by the will to
have been the intention Of the tsstator.
Sec. So. Every devise of land, ,tenements
or hereditaments, in any will hereafter
made, shall be construed to convey all the
estate OF the devisor therein, which hs
could lawfully devise, unless it shall clear.
ly appear by the will. that the devisor in
tended to convey less estate.
SEC. Sc. When devise OF real or per-
sonal estate is made to any child or other
relative of the testator. il such child or 9th.
errsation shall die, leaving issue surviving
the testator, such issue shall take the es-
tate devised, in the same manner as the
devisee would have done. if he had survi-,
we'd the testator. unless different dispo.
stion shall be made or required by the
will.
SEC. 81. When any part Of the real es-
tate Of a testator shall descend to his heirs,
by reason Of its not being devised or dis.
posed of by his will, and his personal es-
late shall be insufficient for the payment of
MS debts, the undevised real estate shall
be first charageable with the debts, in ex-
,neration. as far as it will 60, Of the real
estate that is devised unless it shall appear
rom the will, that different arrangement
of bis assets, for the payment of his debts,
was made by the testator; in which case,
hey shall Be applied for that purpose, in,
conformity with the provisions of the will.
SEC. 58. When any estate, real or per.
'onal. that is devised, shall be taken from
he devisee for the payment Of the dsbisof
he testator, all the other devisees andleg-
atees shall contribute their respective pro-
portions of the loss TO the person from