The Portsmouth inquirer. [volume] (Portsmouth, O. [Ohio]) 1849-1855, 1852-06-11

a
bate, may deeire, 70 come before such court,
and said Witnesses shah be examined BY said
probate Judge and their testimony reduced 10
writing, aud fledb him IN his CONT; Rroyi-
ded that-in all cases where itmay b necessary
so to do, in consequence Of witnesses residing
ont Of the Jurisdiction Of said courtsor re.
side within the jurisdiction andEho areinfFm
and unable or unable to attend court the court
may order the testimony of such witnesses tol
be taken aud reduced to writing by some com.
petens person. which testimony shall also be
filed in such probate court.
Sec. so. II the court, upon such proof, shall
be satisfied that such last will aud testament
was duly executed in the mode Provided by
law in force ut the time Of its execution, that
the contents thereof are substantially proven,
and that the same was unrevoked at the death
Of the testator, and has been lost, spoiliated or
DESTROYED, subsequently to the death Of such
testator, such court shall find and establish the
contents Of such will, as near as the same eau
be ascertained, and cause the same, and the
testimony taken in the case, to be recorded in
saidscourts =
Sec. ST. Thecontents of any such last will
and testament so found, established and admit
ted to probate, as aforesaid, shall be as effectu
al to pass real and personal estate, and for all
other purposes, as il the original will had been
admitted 10 probate and record, according to
the provisions Of this act; and such wills shall,
in all respects begoverned by the laws in force
relating to other wills, not only as relates to
the contest Of the same, but in all other mat
ters. 1868 M
Sec. So. The title Of any bona fide purcha,
ser, without knowledge of a will, to any lands
situated in this State, derived from the heir or
heirs of any person not resident of this State
at any time Of his or her death, shall not be de
feated by the production of the will of such
decedent, unless such will shall be offered for
record in this State, within four years from the
fnal probate and establishment OF such viii, in
the State or territory in which 1t may have been
admitted to probate; Provided that the rights
of infants, married women, or persons ofinsane
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 dis
abilities are removed; Provided, further, that
no proceeding shall be had in this State, to con-
test win executed and proved according to
the law Of any State or territory 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 Sta e, territory, or country
in which it is executed and proved, the same
shall be held of no validity in this State, as to
all persons claiming under said will, with no.
tice of the saime being set aside as aforesaid;
and as to all other person, from the time that
an authenticated copy of the final order or de.
cree setting the same aside, is filed in the office
of the Probate Judge of the county in which
said will is recorded.
Sec. So. When lands, tenements, or heredi
taments are given by will, to any person for
his life, and after his death to his heirs in fee,
or by words to that effect, the conveyance shall
be construed to vest an estate for life only, in
such first taker and remainder in fee simple
| in mis- heirs. -
Sec. Sd. Any estate, right or interest, in
lands or personal estate, or other property, ac-
quired by the testator after the making of his
will, shall pass thereby, in like manner as is
held or passed possessed at the time of ma
king the will, if such shall clearly and mani
testify appear by the will to have been the inlen
tion Of the testator.
Sec. 55. Every devise of land, tenements or
hereditaments in any will hereafter made, shall
be construed to convey all the estate of the de-
visor therein, which he could lawfully devise,
unless it shall clearly appear by the will. that
the devisor intended to convey a less estate.
+ Sec. Sc When devise of real or personal
!, estate is made to any child or other relative Of
the testaor, il such child or otherrelat shall
die, leaving issue surviving tho testator, such
issue shall take the estate devised, in the same
manner as the deyisee would have dore, if be
had survived the testator, unless different
disposition shall be made or required by the
, will.
Sec. l0I, When any part OF the real estate o.
6 a testator shall descend to his heirs, by reasoi
= of its not bein0 ,leyi ell or disnosed Of by hi
will, and his personal estate shall be insuffici
ent Tor the pay meut OF his debts the undeviset
real estate shall be first chargeable with til,
debts in exoneration as far as H will oo of tb,
ro.l ostat lay;soJ nIass /, IL III .,,,.,,a 60,
SorA', "io'" ~ eAatA "PPsa' tV'i
the Will, that different arrangement OF his as
sests, for the payment Of his debts, was mad,
nv the tesfator. in which case tbav sba no an
,,};,J e. 49, ,,.,,oao :, .o,aea.s.;.. ,-;.l *
+ Piieu toi onas Po.v' AZ Sonioi'ni'y WIN Wv
provisions OF the will.
Sec. So. When any estate, real or personal, that Il
devised, shall be taken from the devsee for the pay
OF the debts the testator all the other deysee
and legatees shall contribute their respective proper
tons OF the loss 10 the person from whom the estat
taken, so as TO make the loss fall equally a tn
devisees and legatees according TO the value prop
ery received by each OF them, excepting all Is proYi
ded In the following section.
Sec. 3d. II In such case the testator shall, by ma
king specific devise or beques, have virtually ex
D empted any deyisee or legatee from his liability :
contribute, with the others, for the payment OF "a
debts, or II he shall, by any other provsi In the vii
have prescribed or required any appropriation OF h
estate for the payment Of his debts different from tina
prescribed IN the preceding section, the estate shall
appropriated and applied In conformity with the pro
visions OF tho viii.
Sec. 60. Nothing contained In the two preceding sec
tons, shall impair, or 10 any way Affect the liability
the whole estate Of the esator, for the pa, ment
his debts; but the provisions Of these sections
dly only TO the arshaling Of the assests as betwee
those who hold or claim under the will.