Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1852-06-03

oer OF Sucn PROBATE Juuge, anu e"ast3 uo'
The same validity therein, MS if fProbase had
been had in such county.
j SRc. 10. lf no person Interested, shall
shall, within two years after probate had,
appear and and contest the validity OF the
will, the probate shall be forever binding
saving. however, 10 infants, married women
/. and persons ahsen, from The sale, or Of in-
sane mind, or in captivity, the like period, al
ter the respective disabilities are removed.
SEC 90. The mode Of conlesing will,
shall be by bill in chancery, which NAV be
. filed in the coufl of common pleas OF the
proper county, within said Two years. by any
!, person interested in The will or estate oil the
deceased.
. SEC. 81. In such sui. in chancery, an
issue shall be made up. whether the writing
produced bo the las, will Of The ,esa,or or
not. which shall be tried by jury. whose
/, verdc. shull be final between The parties,
r unless the court shall grant new trial, or
, the cause be appealed TO the district court
SEC. go. The order fprobate shall be
prima facie evidence, on the trial o. snid
is sue, OF the due a,eylation, execution and
validity ofsai1 will.
SEC. 90. A certified copy of the ,eslimo.
nv Of such of the Witnesses examined upon
he origi nal proba,e' as are out oil The Jurls'
, dic,ion of the courl, dead. or have become
,ncompe,en, since the probate, shall be ad-
. miurd in evidence upon such trial.
SEC. "a. In all suits o(,he court of COM
mon pleas, in which any will may be con-
, tested. appeals may be had from the final
r decrees rendered therein, as in Other suIs
! in chancery, TO the district conrt. and said
, dis,ric, cour, shall, on the application ol
either party in The trial Of such contested
will direct the issuc that was tried in the
I court below, 10 be retired by jury. in said
S district court, in the same manner as is pro
n vded by law, in such cases, in the court o
If common pleas.
!, SEC. 25. The rights Of infants. married
women. or persons absent from the state, o
" uf insane mind, or in captivity shall NOT bt
ii concluded BY the verdict of The jury, or III,
I decree Of ,he court thereon. mentioned il
'I the twenly.frsl and lwenty.fourll sections
l. Of this nci; bu, such persons may, wiihir
Y Two years after their Respective disabilities
J ar" removed. and hot thereafter, con,cs, b,
r dill in chanccry. and in the manner provid
e ed in the five preceding sections Of this act
t; The said verde, and decree.
o SEC. &c. Authenticated copies Of wills
Il executed and approved according to the law
r Of any STATE or territory Of the United S,aes
l. relative 10 my properly in the Slate Of Ohiu
g may be admiued 10 record in the probat
e court of any county in this s,ute. where an
pan Of such property may be situated; an
e such authenticated copies so recorded, shal
ST have The same validity in law, as wills mad
II in this STATE. in conformity with the law
'' thereof. are declared 10 have; Provided, tina
! where any such will. or authenticated COPY
e has been or shall hereafter be admiueed I
f. record. in the probate court Of anv count
in this state, where any part Of such prope,
a. y may be situated, copy of such recorde
ii will, with copy Of the or1er TO record tn
u SAM" annexed thereto. certified bv the prr
''ae Judge, under the seal of his court. mn
'e he filed and recorded in the Office Of tn
y probate Judge Of any other county in ,hi
state, where any part Of such property
u >iualed, and shal! be as effrctual. in a
cases as the authenticated copy Of said wi
" would be. If proved and admitted to recor
u" by the court.
Src. 27. A will. executed, proved and al
y lowed in anv country other than the Unite
= States. and territories thereof according ,
: the laws cf such foreign state or country
may be allowed and admiued to record i
" This t., ,ho md cop ,ho
II mentioned in the following sections.
:, SEC. 28. A copy of the will and probat
y thereof. duly auhe en,ica,cd. shall be produce
W hv The executor. or bv any person inierpste
~ ~ 'hcrein. IN the probate Judge Of the coun,
~ in which there is any estate npNn which III
y will NAV operate. whereupon said proba
|" ildge shall continue the motion 10 adm
such will IN probate. for The term Of Nv
T." months; and notice of the fling Of such al
~ nicalion. shall be given 10 all persons n,e
=, ns,pd. in some public newspaper. printed
", W in general circulation in The county whe
~ such motion is made, at leas, three weel
H. H. successivey; the first publication To be
" least for,v davs before the time set for Il
~ final hearing Of said motion.
" !" SEC 90. IT, on hearing. it shall appe
~, IN the court that The instrument ought 10
y" allowed in this state. the court shnll ord
L ~ the copy tn he filed and recorded; and d
"e c will. and the probate and record theret
~ ~ shall then have The same force and effect.
NV if the will had been originally proved al
1. allowed. in the same court. in the usu
~, "" manner; Provided. however. that no,h
4" herein contained shnIl be construed To ei
W, anv operation or effect to The will Of
~ alien. difieren, from what it would have h
'ts "is if originally proved and allowed in Il
Wv state.
SEC. 80 After allowing and admitting
w. record will, pursuant 10 the four prrcedi
ny sections Of this act. The court may grs
'" letters ,psramentarv thereon. or letters
~ administration with The will annexed. a
o. shall proceed in the settlement Of the esla
H. ~ that may he found in this state; and the {
~ ~" eculor taking oul letters. or the adminis
'Mo m tor. with the will annexcd, shall have
g" same power to sell and convey the real a
- personal esIate. by virlue Of the will or
y" law. as Other executors or adminisra,o
w !" with the will annexed, shall or may hu
w. by law.
'e SIC. 81. No will shnll be effec,uaI to n
'" real or pprSOnal eSiate unless IL shall hF