Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1852-06-03

posed 10 have, been dead, shall take the
provision made for his child or Children
| BY the testater,.o or such part thereof a;
the circumstances of the case, in The
opinion of the court of proper jurisdie,
tion, may think Just and equitable.
9 Sec. AZ. settling the extent Of the
claim of any child, as provided forin,the
IPreeeding section, any portion Of thees-
tate Of the testetor received by a party
interested, by way ofadvancement, shall
be deemed portion of the estate, and
charged to the party who has received
the -same.y - -
Sec. 43, If any provision be. made for
a widow, in the will Of her husband, she
shall, within one year after probate Of
the will, make her election, whether she
will take such provision, or be endowed
Of his lands: but she shalInot be entitled
TO both, unless itplainly appears by the
will, TO have been the intention OF the
testator that she should have such pro-
vision in addition to her dover.
F. Sec. Al. The election Of The widow to
take under the will, shall be made by
her in person, in the Probate Court of
the proper county, except as hereinafter
provided; and on the application by her
to take under :he will, it shall be the du
ty OF the Court 10 explain TO her the pro-
visions of the will her rights under it,
and BY law, in the event of her refusal
TO take under the will. The election Of
The widow 10 take under the will, shall
be entered upon the minutes of the
Court, and If the widow shall fail 10
make such election, she shall retain her
dover, and such share of the personal
estate of her husband, as she would be
entitled to by law, in case her husband
had died lntestate. If she. elect to take
under the viii, she shall be barred OF
her dover and take undertne will alone;
Provided, that said election by the wild
ow TO take under the will, shall not bar
her Of the righ; to remain in the man
sion of her husband, and receive one
years Allowance for the support Of her
self and children. as now provided by
law. unless the will shall expressly 9th.
erwise direct. i1-n aGg .iEsZ Gs7is sil .
Sec. IS. If the widow of the testaior
shall be unable to appear in couri, by
reason Of i'll heath, or is not resident
of the county in which said election is
required to be made, it shall beihe duty
of the Probate Court, on an application
made in her behalf, to issue commits
sion, with copy of the win annexed,
directed to any suitable person, to take
the election of said widow. 10 accept the
provisions of said will in lieu Of the
provision made for her by law; and il
shall be the duty of the court in said
commission, TO direct such person toex
plain 10 said widow her rights under the
will, and By law.
Sec. As. If the widow of any testator
shall be unable 10 make an election, by
reason Of insanity or imbeciity ofmind.
it shall be the duty ofihe Probate Court,
SO soon as the facts shall come TO the
knowledge of the court, at any time
within one year alter the death Of the tes,
!ator, TO appoint some suitable person to
ascertain the value of the provision made
by said testator for her in his will in lieu
Of the provisions made by law, and
the value Of her rights BY law in the
estate OF her husband; and 1.-THE court
shall be satisfied. ION the coming in Of
the report OF the person appointed TO
make such investigation, that the
provision made BY the testaior for his
widow, as aforesaid, in his will, is
more valuable and better for her than
the provision by law, sqid-eourl shall
enter upon its minute book, an cleo
lion for said insane or imbecile wid-
ow, that She, by virtoe OF the pro-
ceeding 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. faH. r--fE s.lE- 7s.ss- s-sns
Sec. Al, That the several Courts
of Probate, within this State, shall
have full power and authority TO ad.
nit TO probate, any last will land tes:
lament wbich.such court may be sat !
isfied was duly executed according 60
the provisions Of the act upon that
subject, in force at the time of The
execution ofsoch last viii and 1esia-
ment, and notreVoked at The death |
Of the testaior, where such original |
will has been lost, spoliated or de-
stroyed, subsequently, 10 the death OF
such testatOr, and cannot be- pro-
duced in couFtiin as full, ample and
complete a manner, as such courts
now admit 10 probate last wills and
testameRis, The originals OF which are |
actually produced in court for pro-
bate.
=, Sec. 4S. IN all cases where appli.
cation shall be hereafter made 10 the
probate court, 10 admit to probate al
will dolly executed, assafofesaid, and
which has been lost, s7oliated or del
str9yed, as aforesaid, il shall be the
duty Of the party seeking to prove the
same. TO give written noticeto all per-
sons whose interest it may be to resist
the probate, and who reside in7the coun-
ty where the tesfator resided at the time |
Of his deaih, or to their agent or attor. |
,,o,,fi g.. u - ~ e..