Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1852-06-03

tees shall contribute their respective propos.
tions OF the loss 10 the person from whom
the estate is taken, so as 10 make the loss
fall equally on all the devisees and legatees,
according 10 the value Of the properly re.
ceived by each Of them, excepting all as
provided In the following section:
SEC. SO. II, in such case. The ses,aIor
shall, by making specific devise or bequesi,
have virtually exempted any deyisee or leg
a,ee from his liability to contribute. with The
others, for the payment ol The debts, or IT
he shall. BY any olhei provisions in the will,
have prescribed or required any appropria-
lion OF his estate for The payment Of his
debls, differcnl from that prescribed in the
preceding section. The esinte shall be appro-
priaied and applied in conformity with .he
provisions OF the will.
Sac. so. Nothing contained In the two
preceding sections, shall impair, or in any
affect. the liability ofthe whole estate Of the
testator, for the paymen, Of his debts; bu. the
provisions Of these sections shall apply only
10 the marshaling of the assets as between
those who hold or claim under the will.
SEC. 81. When any part OF the estate of
q testator descends 10 child born alter the
execution Of the will. or to child absent
and reported 10 be dead. (under the forly.irs
section of this acl,) or 10 witness to will
who is deyisee or lega,ee, (under the elev
enlh section Of this act, such estate land the
advancement made TO such child or Witness
shall, for all The purposes mentioned In The
three preceding sections, be considered as Il
il had been devised TO such child or witness;
and he shall accordingly be bound 10 contrib.
ule with the devisees and !egatees, as before
provided, and shall be entitled TO claim con-
iribu,ion from them accordingly.
SEC. 62. When any of the persons who
are liable 10 contribute towards towards the
discharge fsuch debt, according TO the pro-
visions contained in the four preceding Sec
lions, shall be insolvenl or unable 10 pay
his list proportion thereof, the others shall
be severaly liable 10 each other. for the loss
occasoned BY such insolvency, each one in
proportion to the value of the properly re-
ceiyed by him, from tho estate ofthe deceas-
} ed; and if any one Of the persons so liable
shall die, withou, having paid his proI orion
} Of such debi. his executors and aeminissra-
: tors shall be liable therefor, in like manner
r as iii, had been his proper debt, 10 the extent
r 20 which he should have been liable il living
!, SEC. 63. All cases arising under this &c.
I in which devisees or lcgatees may be re-
] auired to contribute 10 make up the share o
any child born after the execution Of the vii
-, or of a child absent and reported TO be dead
=. or Of witness 10 the will, or in which con
,ribution is to be made among devisees leg
5 alees and heirs, or any OF Them, may be
heard and determined by bill, filed upon the
S chancery side Of the court Of common pleas
d allowing an appeal 10 The district court, a.
= in other cases.
h Sec. Ga. Nothing in the foregoing sec
f lions contained, shall preven. the court
: when sale of lands aened or unaliainec
}. by devisee or heir, is ordered for the pay
d menl of The debts of the estate, TO make sucl
order and decree Tor the sale Of any portion
S, Of the aliened or unaliened land, as may b.
d equitable between The several parties, ant
Is also TO make such order of contribution. an
3, such further order and decree as will full
n settle and adjuS, The various rights and liza
binies Of the parties, which arise by, reaso
I'd of The alienation, or The order OF sale. or 9th
ID efwise. ----- .... .---
s. SEC. 65. When last will and les,amer
ne is admit.ed TO probate, or will made ou, {
this state is admitted 10 record as hrreinbt
r. fore provided, and any lands. tenemenis G
~ heredtaments, are given or devised by an
m such will 10 the executors therein named. I
IL any of them, 10 be sold or conveyed; or sue
er estate shall be thereby ordered 10 be sold b
C. such executors, or any Of them, and one {
SIS more Of the executors, so named, die, refus
lis to act, or neglect 10 take upon themselvt
o. the execution Of the will, then all sales an
he conveyances Of said estate. BY the execute
IN or executors, who look upon himself {
lis themselves, in this state, the execution {
n The will, or the survivor or survivors
n them, shall be equally valid, as il the res
rd due Of the executors had joined in the sa
er and conveyance; bu, if none Of the executor
] named in such will, lake upon ,hemelvt
all the execution thereof, or if al! the executor
u. who take out letters Iestamentarv, die befol
ny the sale and conveyance Of such estate, c
Of die after the sale, and before conveyanc
in is made, the sale or conveyance, or boil
e, shall be made by the administrator with ii
in will annexed.
ne SEC. &c. When two OF more trustees al
as appointed by will 10 execute trust, and OF
,h or more of them die, the survivors may e!
re. ecute the trust, unless the terms Of the vi
he express contrary intention.
,al Sec. 81. II such will has not provide
is for The contingency Of The death, incapaci
Of or refusal of such trustee or trustees TO a
cept or execute the trust, the probate cou
le- having probate Of said will, may appoi
on some suitable person or persons TO execu
irs the trust, according 10 The will, who sh'
y. give bond with security, as provided in Il
for six,y ninth section Of this act.
in SIC. SO. Trusts created by will MAJ
out Of this state, and relating TO lands sit
in ate in this state, may .afer the will is du
ry admitted to record in this stale, be execut
of as hereinafter provided.
u SEC SO. IF trustee is named in su
ol foreign will, he may execute the trust, up
Ind giving bond TO The slaIe Of Ohio, in such ST
zen and with such surelies as shall be approx
by the probate cour, of The county in whi
MIS- said lands, or any par thereof. are silua
ade conditioned 10 discharge with fidelity q