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

! temofeoi PROVIDED, lurheT, that no proceedlui
shall be bad 10 this STATE, 10 contest a will exc
eu1ed and proved according to The laS Of an,
; state OF territory Of the UuiGed STATES, OF anJ
loreign country relative 10 properly in this stsie
but Il The said will shall be sci Tsde 10 the state
territory, or country 10 which il is executed anC
proved The same shall be held Of no validity il
ms state rs to all persons claiming under said
VIII, with notice Of the same betng SET aside a,
aloresaId and as TO all other persons, from the
Time mat an authenticated copy Of the final de-
cree or order setting the same aside IS filed in
'he office OF the probate judge Of The county ia
which said will il recorded.
Sec. So. When lands, ienements or hered.
lIamen's are given by will to any person for his
life, and after his death. to his heirs in fee. or
by words 10 that effect, the conveyance shall be
construed 10 vest an estate fnr life only. in such
iifs' saker, aud remainder in fee simple in his
heirs.
Sec. "a. Any estate, right or interest in
lands or personal estate, or other property. ac.
qulred by the Iesla,or after the making Of his
viii, shall pass thereby in like manner as iC
held or passed possessed al the time of ma.
KING The will, if such shall clearly and mani.
lesIiy appear by The will 10 have been The aIen.
IIon Ot The lestaIor.
Sec. So. Every devise of lands, tenements,
or heredIIamenIs, in any will hereafter made.
shall be construed TO convey all The estate OF
The devisor therein, which ha could lawfully de.
wise. unless it shall clearly appear by The will
that The devisor intended 10 convey less estate.
Sec. 56. When devise of real or person.
al estate is made TO any child or other relative
OF the IestaIor, if such child or other relation
shall die, leaving issue surviving The tesIaIor,
such issue shall take the estate devised in the
same manner as the devisee would have done,
if he had survived the tesIalor, unless a differ
enI disposition shall be made or required by The
will.
Sec. 81. When any part of the real estate
OF IesIaor shall descend 10 his heirs, by rea.
son of its not being devised or disposed Of by
his will, and his personal estate shall be INSULT
sient loA the payment OF his debIs, The undi.
vised real estate shall be first chargeabe with The
debts, in eXoneraIlOn, aS far as il III 90, Of the
real estate that is devised, unless il shall appear
from the will that different arrangement of his
assets, for the payment of his debs, was made
by the .5,aIor, la wLiJh case they shall be ap-
piled for that purpose, in conformity with the
provisions Of The will.
Sec. 58. When any estate, real or personal,
that is devised, shall be taken from the deyisee
FOR the payment of the debts of the testaIor, all
the other deyisees and legalees shall contribute
their respective proportions Of the loss 10 the
person from whom the esISte is taken, so as to
make The loss fall equally on all the devisees
and legateeS, according TO The value Of The prop.
eny received by each Of them, excepting all is
provided in the following section.
Sec. SO. If, in such case, the lestalor shall,
by making specific devise or bequesl, have
virtually exempted any devisee IegaIee from his
Liability TO contribute, with the Others, for the
payments Of the debts, or if he shall, by any
other provision in the will, have prescribed or
required any appropriation of his estate for the
payment of his debts, different from that pre-.
Scribed IN the proceeding section, the estate shall
be appropriated and applied in conformity with
the provisions of the will.
Sec. 60. Nothing contained in The Two pre-.
ceeding sections shall impair or in any way af-
feet the liability Of the whole estate of the les.
talor, for the payment Of his debts; but the pro.
visions of these sections shall apply only TO the
marshaing of the assets as between those who
hold or claim under the will.
Sec. 6l When any part of the estate of a
teslator descends 10 a child born after the exc.
cuton Of Inc will, or 10 a child absent and re.
ported TO be dead, (under the forly.frsI section
of this act.) or 10 witness TO a will who is
devisee or regatee, (under The eleventh section
of this acl,) such estate, (and the advancement
made 10 such child or witness) shall for all the
purposes mentioned in the three proceeding sec.
lions, be considered as if il had been devised 10
Il md kne hnn eAi nutv
be bound TO contribute, with the devsees and
legatees, as before provided, and shall be ent-
lied 10 claim contribution from Them according.
ly.
Sec. &c. When any Of the persons who are
liable TO contribute towards The discharge Of
such deb,, according 10 the provisions contained
in the four preceding sections, shall be insol. |
vent or unable TO pay his just proportion there.
of, the others shall be severally liable 10 each
other for tho loss occasoned by such insolvency.
each one in proportion 10 The value of the prop
er,y received by him from the estate Of the de-
ceased, and if any one Of the persons so liable |
shall die, without having paid his proportion OF
such debt his executors and administrators shall
be liable therefor, in like manner as if it had
been his proper debt, to the extent 10 which he
should have been liable if living.
Sec. So. All cases arising under this act in
which devisees or legaIees may be required 10
contribute 10 make up the share Of any child
born after the execution Of The will, or of
child absent and reported to be dead, or of wit
ness 10 the will, or 10 which contribution is to
be made among devisees, legatees and heirs, or
any of them, may be heard and determined by
bill, filed upon the chancery side OF the Court
of Common Pleas, allowing an appeal TO the
District Court, as in other cases.
Sec. Ga. Nothing in The foregoing sections
contained shall prevent the Cour', when sale
of lands aliened or unalened by devisee or
heir, is ordered for the payment of The debts oI
the estate, to make such order and decree for
the sale Of any portion of the aliened or una
liened land, as may be equitable between The
several parties, and also to make such order oi