The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1852-06-25
WHOLE mo. $50.
L "A w S OF OHIO.
PUBLISHED ny AUTHORITY.
~ 2 t1i AN ACT fEF
Relating 10 Wills, ard to repeal former
~ nets reIstinp thereto.
AN ACT

~ tHa AN ACT E1S
Relating TO Wills, ard to repeal former
= acts relstng thereto. Z
Sec. l.. BE il enacted By the General
Assembly of the State Of Ohio, That any
person Of full age and sound memory,
having an interests in lands, tenaments,
or herednaments, or any annuity or rent
charged upon or issuing out Of the same.
or any goods, chaltels, rights, credits,
chooses in action Of possession. or any
other property Of any description what
ever, may give and devise the. same to
any person, by last will end testament
lawfully executed; subject, nevertheless,
to The rights Of creditors, and TO the pro-
visions OF ,his act, and Of an &C. entitled
"an act to restrain the en,aimeni Of real
estate." '.',. s.a1a ,.t,,..,
Sec. 2. Every last will and tes's-
ment, (except such as is mentioned IN
the seventy. fourth section OF tlis act,)
shall be in wiring, and signed at the end
thereof, by the party making the same,
or by some other person 10 his presence
and by his express direction and shall be
attesied and subscribed in the presence
Of such party, by two or more compe.
tent witnesses, who saw the iesIator sub.
scribe, or heard him acknowledge tho
same. @t1HilE bra
Sec. g.. ANY will in writing, may be
deposited, by the person making the
same, or by some person for him, in the
office Of the Judge Of the probate court,
in the county in which such teslator
lives, 20 be safely kept until delivered or
disposed Of as hereinafter provided; and
said probate judge, on being paid the fec
Of one dollar therefor, shall receive and
keep such will, and give certificate of
deposit thereof
Sec. 4. Every will intended TO be de-
posted as aforesaid, shall be enclosed in
sealed wrapper. which shall have en-
dorsed thereon the name Of the testaior,
and The sid probate judge shall endorse
thereon, the day when, and the person
by whom il was delivered; and may also
have endorsed The name Of any person
TO whom j, is 10 be delivered; and j,
shall not be opened or read until deli.
vered TO person entitled TO receive the
same, or otherwise disposed Of az here.
inafer provided.
Sec. S. Such will shall, during the
lifetime of the iesta,or, be delivered only
to himself, or to some person authorized
by him, by an order in writing, duly
proved by the oath Of subscribing wit.
ness; and after bis death, it shall be de-
livered to the person named in the in.
dorsement on the wrapper of the will, il
there be any person so named, who shall
demand il. f no gs
Sec. 6, If no person shall demand
the will in pursuance of such appoint
ment, ii shall be publicly opened in the
probate court, within two months notice
Of the death of the testa,or, and shall be
retained in the Office Of the pro5ate
Judge, until offered for probate; or If the
jurisdiction belongs 10 any other court, /,
shall be delivered TO the executors OF
other persons entitled TO the custody Of
il, 10 be presented for probate in such
other court; and il the jurisdiction Of
such will belongs TO the rroba's Judge
opening The same, no shall Immediately
give notice 10 the executor or executors,
if any are named in such will, and if
none are named therein, 'ben 10 the other
persons immediately interested, Of the
existence OF such will. 49,.
Sec. 7. II any real or personal es.
tate shall be devised, or heqaeathed by
the last will, the executors Of stch will,
or any person interested therein, may
cause the same to be brough, before the
probate court Of the county III which
such estate may be, and the court may,
by citation, attachment or warrant, or il
circumstances require il, by warrant or
attachment in the first instance, compel
the person having the custody or control
Of such will, to produce il before the
court for the purpose OF being proved.
Sec. 8. The process mentioned in the
preceding section, may be issued into
any county in The state, and shall be
served and returned BY the sheriff, or
other officer to whom |, may be deli
vered. ~ os "i1
Sec. o. The officer 10 whom such
process may be delivered, shall be liable
for neglect in the service Of return Of
such process, in like manner as sheriffs
are, or may be by law, liable for neglec.
in not serving or retutning capias is
sued upon an indictment.
Sec.il0. If,he person having the
custody or control of a will, shall. with.
out any reasonable cause, neglect or re.
fuse TO produce the same for probate, af-
Ter being duly cited !or that purpose, he
may be commiued 10 the jail of The
county, there to be KEEP, in close custody
until he shall produce the will, and he
shall be further liable 70 the action Of
any party aggrieved. for the damagea
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