Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1852-10-01
WHOLE NUMBER 1865

; med. die, refuse 20 act, or nPgeci 20 lake upon
ihemselves the execution OF the will. then al
sales and conyeysnces OF said estate. by th. ex.
7 ccuinr or executors, who took upon hmhelf or
(; themselves, ln this Stale, The execution Of the
will. or the survivor or suTvisors 0f them shall
! be equally valid, as il the residue Of the exec.
u1Ors had loined IN the sale and CONVEYANCE:
but II none Of the executors named in such will
J take upon themselves the execution thereof, or
II all The executors who take out letters tesla.
meniary die before the sale and conveyance Of
such estate, or die after the SALE and before
conveyance IS made, the sale or conveyance. or
both, shall be made by the administrator, with
the will annexed.
Sec. Sc. When two or more trustees are sp.
pointed by will TO execute a lrusl. and one or
more Of them de, The survivors NAV execu,e
the trust, unless the terms Of the will express
, contrary intention.
See. 67. lf sUca will has not provided for
the contingency Of the death, neapaciIy or re.
iusal o such trustee or trustees 10 accept or ex.
ecuIe the HusI the Probate Court having pro.
bate Of said will may appoint some suiiable per.
son or persons 10 execute the trust according 10
The will, who shall give bond with security, as
provided 10 the sixIy.ninIh section Of this act.
Sec. GO. Truss created by a will made out
Of this State, and relating TO lands situate 10 this
State, may. after the will is duly admired 10
record 10 this STATE, be executed as hereinafter
provided.
Sec. SO. IL a trustee is named 10 such for.
ego will, he may execute the trust, upon giving
bond to the State Of Ohio, 10 su.h sum and with
such slrelies as shall be approved by the Probate
Court Of the county in which said lands, or any
part thereof, are situate, conditioned 10 discharge
with fidelity the trust reposed 10 him; Provided,
that when the tesIaIor 10 the will naming the
trustee shall have ordered or requested that
/ bonds should not be given by said trustee, The
bond shall not be required, unless from change
in the situation or circumstances Of the trustee,
or from other sufficient cause. the Court Of Pro.
bate shall think proper TO require it.
Sec. 20. IL trustee has been appointed by
q loreign Couu, according 10 the laws Of The for.
egn jurisdiction, he may execute the trust, up. /
on giving bond, as provided in The proceeding
section, and satisfying the Probate Couu Of the |
county 10 which such lands, or any part Of them,
are situate, by an authenticated record Of his
appointment, THAI be has been duly appointed
trustee 10 execute the trust.
/ Sec. IL. The Couu Of common Pleas Of
The county where The properly affected By The
trust is situated, may, when necessary on ap.
picaIon by petition Of the parry or parties 10. |
teresled, appoint a trustee TO carry into effect
trust created by foreign will; which trustee,
before entering upon his trust, shall give bond, /
with such security, and 10 such amount, as such
court shall direct.
Sec. 72. Every father may, by his last will in |
wiring, appoint guardian, or guardians. for
IF ,kt L.. L
Of making The will, or afterwards, 10 continue |
during the minority of the child, or for a less /
time; and every such iesIamentary guardian /
shall huve the same powers, and shall perform /
The same duties with regard TO the person and
the estate of The ward, and be subject TO reno.
val for the same causes as a guardian appointed |
by the Court of Probate, subject 10 the protis. |
ions Of The will.
Sec. 70. Every such testementary guardian
shall give bond, in like manner and WiIh like i
conditions, as is required of a guardian appoint
ed by the Probate Court; Provided. that when .
the IesIator, in the will appointing the guardian,
shall have ordered or requested that such bond
should not be given, the bond shall not be re.
quired, unless from a change in the situation or
circumstances Of the guardian, or for other suf. |
fcient cause, the Court of Probate shall think
proper to require it.
Sec. "a. verbal will made in the last sick.
ness shall be valid in respect TO personal estate.
if reduced TO writing and subscribed by Two
competent disnlerested witnesses, within ten
days after the speaking of the tesIamentary
words and if ii be proved by said witnesses,
that The Iestalor was Of sound mind and memo
ry, and not under any restraint, and called up.
on some person present, at The time the tesla
menlary words we're spoken, TO bear witness 10
said disposition as his will.
Sec. IS. No nuncupalive will shall be ad.
mued 10 record, unless The same shall be offer.
ed for probate within six months after the dea III
Of The lestaiOr.
Sec. 76. The expense of proving and re.
cording wills shall be paid by the party at whose
instance the same is done; and the witnesses
and officers shall have the like fees for attend
ance and services as in other cases.
Sec. n. Every word in this act, importing
the masculine gender, may extend and be ap.
piled TO females, as well as males; and every
word importing the singular number only, may
extend and be applied TO several persons or
things, as we'll as 10 one person or thing; and
every woAd importing The plural number only,
may extend and be applied TO one person or
thing, as well as to several persons or things;
Provided, that no female, during her coverture
or life of the father OF her child or children,
shall, by virtue Of this ACT, be authorized and
TO appoint testamentary guardian
for any child she may have; and provided fur.
Iher that suiI instituted under the provisions
of this act, TO contest a will, shall be brought
into the county in which the same was proven,
and admitted to probate.
Sec. 78. The term twill" in this acI shall |,
be construed TO include "codics" as we'll as
wills.
Sec. 79. The act entitled an act relating TO :
wills passed March wenty-.hlrd, one thousand
eight hundred and forty, the several acts TO
amend said act, passed March tenth, one shous- :
and eight hundred and (orty.three, February
,wentv eiohth one thousand eioht hundred and