Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1852-06-03
tat SI9OO Ina Advance.
: yer h-rfs'l o. irFr 80 =. 49, - =
Whole, Number s59.

Osuot ue egiseeS ana tegateeS shalt con-
tribnte their respective proportions
2 Of the loss TO the person from whom
, |, the estate Is taken, so as to make the
! : floss tall equally on all the deyisees
, and iegatees, according to the value
> OF {he property received by each Of
them, excepting all is provided in the
following section. q taa .ssi7ss7lg ~
II Sec. s.. i1Gin such case. the testator shall,
: oy making aspeci6c devise OF bequest, have
VHleaHy exempted any devisee orlegatse from
ms laoulty 10 contribute, with the others, for
tne payment Of the debts, or il he shall, byanY
other provision IN the viii, have prescribed OF
reqoifet any a3proprist tion Of his estate for
The payment OF his debts, different from that
ned IN The preceding section, the estate
shall De appropriated and applied In eouformitv,
With the provisions OF the will
See. 81. Nothing contained in the two pre-
eedins sections, shall impair, OF in any way afs
.ect' Tue Liability of the whole estate Of the -
; leslat9r, ior the payment Of bis debts; but the
PROVISIONS OF these sections shall apply only 10
3 tne mar hailng Of the assets as between those
who hold or claim under the will sf.- 90 .a.le
See Oh Wben any. part Of the estate of a
teslator deScends 10 child born after the exc
eutIon OF the wilI or to a child absent and re-
ported to 5e dead (underthe forty y-frst section
Of TINS act y or 70 witness to will who is =
devlsee OF lesatee, (uuder the eleventh section
Of lnls aei y such estate land the Advancement
made TO such child or Witness shall, for all the
purposes mentioned in the three preceding
seettonss De considered as fit had been de-
Nl'ed to such ehild or witness and he shall ae p
I eordlngly be bound TO contribute with the devil
sees and lega'ees, as before provided and shall
be entitled TO claim contribution from them
aerOrdingly -rilsfo at tr 9. 400 -f-T7 II
Sec 81. when ang Of the persons who aras
/ habe 10 contribute towards Ale discharge Of
! sien deot, according 20 The provisions con
tained IN the four preceding sections, shall De
lnsolsent or unable 10 paw his Just PROPORTION
thereot the tothers shaft be severaitv liable to
eaeh other, forihe loss peeasioned by such insol-
lTency, each one in proportion to the value of
The property received by him, from the estate of
the deceased; and If any one Of the persons so
liable shall die, without having paid his propor-
tlon OF such debt, his executors and admins
traitors shall be liable therefor, in like manner
4 2sli u had been his proper debt, TO the extent
10 which he should have been liable If living.
Sec 65. All cases arising under this act, in
which deVisees or legaiees may be required TO
leontribuie to make up the share Of any child
born after the execution Of The win, or Of a
child absent and reported to be dead, or Of
witness 20 the win, or in which contribution
rs TO be made among devisees, legatees and
heirs, or any Of them, may be heard and deter
mined bY blli, hled'Upon the cha ncery side Of :
the court Of common pleas, allowing an appeal
TO The district court, as in other cases.
Sec 64. Nothing in the foregoing sections
confirmed, shall prevent the court, when sale
| OF lands aliened or unaliened by a devisee or
heir, IS ordered for the payment of the debts of
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 10 make such order of
contribution, and such further order aud decree
as viii iully settle and adjust the various rights
and habilties Of the parties. which arise by
reason oil The alienation, or the order Of sale,
or otherwise. - t--1a
Sec. 6j. When a last will and testament i, -.
admitted 20 probate, or a will made out of this
state IS admitted to record as hereinbefore pro-
yIded, and any lands, tenements or heredita-
ments. are given or devised by any such will TO
the executors therein. named, or any Of them,
10 ne sold or conveyed; or such estate shall be
thereby ordered TO be sod by surh executors, or
any ofthern, and enc or more Of the executors,
SO named, die. refuse 10 act, or neglect 10 take
upon themselves tine rxeeu.ion Of toe win, then
all sales and eonveyanees of said estate. by the
executor or executors, Who took upon hImself
or themselves, in this state, the execution Of
the viii, or the survivor or survivors Of them,
shall be equally valid, as If the residue Of the
executors. bad joined in the sale and convey
ansej but If none OF the executors named in
such VIII, take upon themselves the execution
thereof, or if an the executors who take out
Letters testameHiary, die before fhe sale and
conveyance Of such estate, or die after the sale,
'nnd before a conveyance is made, the sale or >
CONVEYANCE, OF both, shall be made by the ad-
mInistrator wfh the viii ,pnexed. l
Sec. TO. When two or more trustees are
appointed by viii, TO execute trust. and. one
or more OF them die, the sUrvIyOrs nay execute
the trust, unless the terms of the will express
a contrary intention.
Sec. g. II such will has not provided for
the contingency Of the death, incnpaeity or re-
iusal Of such trustee or trustees 10, accept or
execute the trust, the probate court having
liroblfe Of said viii. nav appoint some suitable
aerson or persons 10 execute the trust. aecord-
ing 10 the wil,. who shah give bond with seeuri-
~, as provided in the sixty. y.ninth section Of.
this act. -r-.-
Sec. 6s. Trusts created by win made out
Of this State, and relating to lands situate in
this state, may. after the win Is duIVadmitted
"a REGARD in this state, be executed as herein
after provided -. ...-----.. ...-,-.. .l..--,
Sec. 50. II trustee IS named in such for
eign viii, he NAV execute the trust, upon Civ
ing bond TO the state Of Ohio. IN such sum. and
with such sureties 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 in him;
Provided, that when the testator IN the viii
naming the trustee, shall have ordered or re.1
quested that bonds should not be given by said
trustee, the bond shall not be required, unless,
from change in the situation or circumstan-
ees Of the trustee, or for other sufficient cause,
the court Of PROBATE shan think proper to re-
guire 1t. n D. .-. aL
Sec. 40. II trustee has been appointed by
foreign court according to the laws Of the
hreign jurisdiction, he may execute the trust,
upon giving bond as provided in The preceding
section, and satisfying the probate enurt Of the
county in which such lands, or any part ofthem,
are situate, by an authenticated record Of his
appointment, that he has been duly appointed
trustee 20 execute the trust, r 'sr-t Ho-
Sec IL The court Of common pleas Of the
cnunty where The property affect ed by the trust
is situated. may, when necessary, on appliea,,
fion by petition, Of the party or PARTIES inter-
ested appoint trustee to carry into effect
trustcreafed by a foreign will; which trustee,
before entering upon his trust, shall give bond,
With such security, aud in such amount,u
such court shall direct.
Sec. r. Every father may, by his last viii
IN writing, appoint guardian or guardians,
for sny Of his children, whether boru at the
time Of making the wilI,, or Afterwards, 10 con-
flnue during the minority Of the child or fora