Fremont weekly freeman. [volume] (Fremont, Sandusky County, Ohio) 1850-1853, 1852-06-19

the right foreman 10 the mansion ofher hus-
band and receive one years allowance for the
support of herself and children. as now provi-
ded BY law, unless the will expressly otherwise
4 direct
Sec. IS. If the widow of the testator thsll be
/, unable to appear in court, by reason of i'll
health, or is not a resident of the county in
which said election is required to be made, il
shall be the duty Of the Probate Court on an
application made in her behalf, TO issue COM
mission, with a copy of the will annexed, di.
rected TO any suitable person, TO take the cleo
sion of said widow, 10 accept the provisions OF
said will in lieu of the provision made for her
$ By law; and it shall be the duty of the court
/; in said commission, to direct such person 70
, explain to said widow her rights under the will
! and by law.
Sec 40 If the widow Of any testator shall
: be unable to make an election, by reason OF
insanity or imbecility of mind, it shall be the
duty of the Probate Court so soon as the facts
shall come TO the knowledge of the court, al
any time within one year after the death Of
I the testator, to appoint some suitable person
TO acertain the value of the provision made BY
said tesiator for her in his will, 10 lieu Of the
provisions made by law. and the value of heE
rights by law,
in the estate of her husband; and # H.
court shall be satisfied, on the coming in OF
the report of the person appointed to make
such investigation, that the provision made By
the testator for his widow. as aforesaid in his
will, is more valuable and better for her than
the provision made by Law. said court shal enter
on its minute book, an election for said insane
or imbecile widow, that she, by virtue of the
proceeding herein provided for by the court
elects TO take under the will of her husband
which election. when SO made, shall have the
same force and effect as provided in section
forty four.
Sec AZ That the several Courts of Probate
within this State shall have full power and su-
thor:ty to sdmi, to probate. any last will and
testament which such court may be satisfied
was duly executed according to the provisions
of the act upon that subject in force at the
time of the execution of such last will and tes-
lament and not revoked at the death of the
testator. where such original will has beenlost
spoated or destroyed, subsequently 10 the
death of such testator, and cannot be produced
in court in as full. ample and complete man
ner, as such courts now admit to probate last
wills and testaments, the originals of which
are actually produced in court for probate.
i Sec. 4s. In all cases where application shall
be hereafter made to the probate court.
to admit TO probate will duly executed. asa
foresaid, and which has been lost. spoliated or
destroyed, as aforesaid, it shall be the duty Of
the party seeking to prove the same, TO give a
written notice 10 all persons whose interest il
may be to resist the probate, and who reside
in the county where the testator resided at the
lime Of his death, or TO their agent or attorney.
five days before the day on which such proof
is to be made, or TO give notice, by publication
IN newspaper printedin the county. thirty
days before the day set for hearing such
proof
Sec. 40. In all such cases, the said court
i shall cause the witness to such will so execu-
ted and lost spolisted or destroyed, and notre-
voked, and such other witnesses as any person
interested in having such will admitted 10 pro-
bate, may desire to come before such court,
and said witnesses shall be examined by said
probate Judge, and their testimony Eeducsd 10
writing, and filed by him in his court; ProEi
ded, that in all cases where it may be nee
essary 80 to do, in consequence of Witnesses re-
siding out of the jurisdiction of sail court, or
who reside within such jurisdiction and who
are inErm or unable to attend court the court
may order the testimony of such Witnesses to
4 be taken and reduced to writing by some com-
petent person. which testimony shall also be
fled in such probate court
Sec. 50. If the court. upon such pooot, 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 It's execution.
that the contents thereof are substantially pro-
ven, and that the same was unTevoked at the
death Of the testator, and has been lost spOlia-
ted or destroyed, subsequently, TO the death of
such testator, such court shall find and eslab-
, lsh the contents Of such will. as near as the
same can be 6scertained, and cause the same
and the testimony taken in the case, 10 be re-
corded in said court. s. 90
Sec 81. The contents of any such last will
and testament 80 found, established and admit
ted to probate, as aforesaid, shall be az effect
ual to pass real and personal estate, and for
all other purposes. IS if the original will had
been admitted to probate and record, accord
ing to the provisions of this act; and such wills
shall, in all respects. be governed by the laws
in force relating to other wills. not only as re-
lates to the contest of the same, bat 10 all 9TH
er matters.
Sec. So. The title of any bona fide purcha-
ser, without knowledge OF will, to any lands
situated in this State, derived from the heir or
f heirs of any person not resident Of this State
at the time Of his or her death, shall not be
defeated by the production of the will ofsuch
decedent, unless such will shall be offered for
record in this State within four years from the
iual or probate and establishment of such will
in the State or territory in which it may have
f been Admitted to probate Provided, that the
. rights of infants, married women or persons
of insane mind and memory, shall not be con-
cluded 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, 10 contest will executed and prov
ed according to the law of any State or terrific
ry of the United States, or of any foreign coun-
; Try, relative to property in this State, but il
) the said will shall be set aside in the State,
territory or country in which it is executed