The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1852-06-25


The stuie sof Ohio, may be admitted TO
record in the probate court Of any county
10 this state, where any part Of such
property may be situated; and such ao-
iheniicated copies so recorded, shall
have the same validity. in law, as wills
made in this state, in conformity with
the laws thereof, are declared 10 have;
Provided, that where any such will, or
authenticated copy, has been or shall
hereaner be admitted 10 record, in the
probate court Of any county lh this state,
where any part Of such property may De
situated, copy Of such recorded will,
with copy Of the order TO record gihe
same, annexed thereto, certified BY the
probate Judge, under the seal Of bis
court, may be fled and recorded in the
office of The probate judge Of any other
county in this state, where any part Of
such properly is situated, and shall be as
effectual, in all cases, as the autheniica-
ted copy Of said will would be, If proved
and admitted to record By the court.
Sec. 27. A will, executed, proved
and allowed, in any country other Than
The United States, and territories thereof,
according 10 The laws Of such foreign
state or country, may be allowed and ad-
mi,ied 10 record in this state, 10 the man
ner and for the purpose mentioned in,the
following sec tions. .,s ssa
Sec. %. A copy Of the will and pro-
bate thereof duly authenticated, shall be
produced by the executor, or by any in
which there is any estate upon which the
will may operate, whereupon said pro-
bate Judge shall continue the motion TO
admit such will 10 probate, for the term
Of Two months; and notice of the filing Of
such application, shall be given 10 all
persons interested, in some public news
paper, printed or in general circulation in
the county where such motion is made.
at least three weeks successfully; the
first publication to be at least forty days
before the time set for the final hearing
ofsaid motion.
Sec. 90. II, on hearing, il shall ap-
pear TO the court that the instrument
ought 10 be allowed in this state, the
cour, shall order the copy TO be fled and
recorded; and the will, and The probate
and record thereof, shall then have the
same force and effect, as if the will had
beer, originally proved and allowed. in
the same court, in The usual manner;
Provided. however, that nothing herein
contained sbal! be construed to give any
operation or effect to The will of an alien,
different from what il would have had il
originally proved and allowed in this
state. ...,l..,. IS ..,.
Sec. 80. After allowing and admit
ing 10 record will, pursuant TO the four
preceding sections Of this act, the court
may grant letters testameniary thereon,
o. letters tf administration with the will
annexed, and shall proceed in the settle
men, Of the estate, that may be found in
this state; and the executor taking Out
letters, or the administrator, with the
will annexed, shall have the same power
to sell and convey the real aud personal
estate, by virtue ofihe will or the law, as
other executors or administrators, with
the will annexed, shall or may have by
law. 'e,9..
Sec. 81, No will shal; be effec,ual
to pass real Or personal estate, unless il
shall have been duly admitted to pro.
bate or record, as provided in this act.
Sec. 80. No lands, tenemeuts, or
herediiamenis, shall pass 10 any dev.see
.inn will, who shall know Of the exis-
tence thereof, and have the same in his
power 10 control, for the term Of three
years, unless, within that time, ae shall
cause the same to be offered for, or ad.
milted to probate; and by such neglect,
the estate devised 10 such devisee, shall
descend to the heirs Of the teslator.
Sec. 33. A bond, agreement, or CO.
venan,, made for valuable considera.
ton by testator, 10 convey any property
devised or bequeathed in any will previ.
ously made, shall moi be deemed revo.
cation OF such previous devise or be.
quest, either at law or in equity; but
such property shall pass by such devise
OF beqnest, subject 10 The same remedies
on such bond, agreement, or covenant,
for specific performance or otherwise,
against the devisee or lega.ees, as might
be bad by law against the heirs Of the
tesiator, CT bis next Of kin, if the same
had descended to them.
Sec. 81. A charge Of incumbrance
upon any real or personal estate, for the
purpose Of securing the payment ofmo.
ney, or the performance ofany covenant,
shall not be deemed revocation of any
will relating to the same estate, previous
" executed but the devises and legacies
therein contained, shall pass and take
effect, subject 10 such charge OF incum-
brance. t.4..,s, /. &. ,ss 4.:,5 I
5 Sec.g 35. A conveyance, settlement,
deed or other act of the iestator, by
which bis estate OF interest in property
devised or bequeathed to him,
ahal be altered, but not wholly dvesied,
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