Fremont weekly freeman. [volume] (Fremont, Sandusky County, Ohio) 1850-1853, 1852-06-19
NUMBER Is.

will, shall pass thereby, in like manner Sc II
held or passed fpossessed1 at the time Of MAJ
king The will, IL such shall clearly aud manifest
" appear by the will to have been the inten..
tion Of the testator. q aaiis6
Sec 55. Every devise of land, tenemenis Or,
hereditaments,in in any will hereafter mAde,shaIll
be construed to convey all the estate Of the
devisoF therein, which he could lawfully devisol
unless it shall clearly appear By the will,
that the deyisor intended 70 convey q less aess
tate. sf@ liza r. sesg
Sec Sc. When adevise Of real or personai
estates made TO any child or oIhsrFeiatiSe Of
the testator if such child or other relation shall
die, leaving issue surviving the testator, such
issue shall take the estate devised, in she
same manner as the devisee would have done
fhe had survived ahe testator. unless differ.
emf disposition shall be made or required by
the will
See. 81. When any part of the real estate
ofa testator shall descend TO his heirs. By Fea-
son Of its not being devised or disposed OF by
his will. and his personal estate snail be insutf-
cient for the payment of his debts, the unde-
vised real estate shall be FIRST chargable With
the debts, in exoneration as far as will 20, Of
the real estate that is devised, unless il shall
appear from the will, that different arrange
ment of his assets. for the pay ment Of bisdebts
was made by the testator; in which case. they
shall be applied for that purpose, ,in conformity
with the provisions Of the win.
Sec. S. When any estate, real or personal
shat is devised, shall be taken from she devil
see for the pay .nent Of the debts Of he tesin-
tor the other deyisees and legatees shall contri-
butte their respective proportions Of the loss
to the person from whom the estate is taken,
SO as 10 make the loss fall equally on all the
devisees aud Iegatees, according 20 the value
of the property received by each Of them. Ell
eepting allis provided in the following section
Sec. SO. II. in euch case, the testasor shall,
by making a specific devise or bequest have
virtually exempted any devisee OF legatee from
liability to contribute, with the others. for the
payment Of the debts. or if he shall. BY any
other provision in the will, have prescribed OF
required any appropriation of bis estate for The
payment Of his debts, different from that pre-
scribed in the proceeding section. the estate
shall be appropriated and applied in conform
ity with the provisions ofthe will. ssss.s
Sec. go. Nothing contained in the two pre-
ceeding sections. shall impair or in any way
affect The liability of the whole estate OF ths
testator, for the payment Of his debts: but she
provisions of these sections shall apply only TO
the marshalng Of the assets as between thoss
who hold or claim under the will 9As
Sec. 81. When any part Of the estate Of .
testator descends TO child born after the exe-
ecutien of the WILL or to q child absent and re-
ported to be dead, under the forty,first Sec
a., H. - astaka faud tba adranea-
mant made TO such child or witness. shall. for
all the purposes mentioned IN the three pre-
ceding sections, be considered as if is hsd
been devised 70 such child or witness; and he
shall accordingly be bound TO contribute with
the desisees and iegatees. as before provided,
and shall be entitled to claim contribution from
them accordingly. .ssp5
Sec. 90. When anv Of the persons who are
liable to contribute towards the discharge Of
such debt. according to the provisions consaln-
ed in the four proceeding sections. shall be IN
solvent or unable TO pay his Just proportion
thereof, the others shall be seyeTally liable to
each other. for the loss occasioned BY such To-
solvency, each one in proportion to the yaluecf
the property received by him, from She estate
Of the deceased; and ifany one Of the persops
so liable shall die. without having paid his
proportion of such debt his executors and sd-
ministraiors shall be liable therefor, in like
manner as if il haG been his proper debt to
the extent to which he should have been liable
if living. - So. - -
Sec. SO. All cases arising under this act.
in which deyises or legatees may be Tequiv-
ed to contribute TO make up the share of any
child born after the execution Of the viii or
of child absent and reported TO be dead or
OF witness to the win. or 10 which the con-
tribuiion is to be made among dcyisees lega-
tees or heirs, or any of them may be heard
and determined by bin fled upon the chan
Gerry side of the court of common pleas. al
lowing an appeal to the district court as ia
other cases.
Sec. 81. Nothing in the foregoing sections
contained, shall prevent the court when q sale
of lands aliened or nnal;ened 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 un-
aliened land, as may be equitable between
the several parties, and also 10 make such or
of contribution and such further order and de-
cree as will fully settle and adjust the various
rights and liabilities of the parties which arise
by reason of the alienation or the oTdespof
sale or otherwise. k9ssaS
Sec 65 When alsst will aud testament is
admitted to probate, or a viii made out of
this state is admitted to record as hereinbe-
fore provided, and any lands. tenementsor
hereditaments, are given or devised BY any
such will to the executors therein named, or
any of them, to be sold or conveyed; or such
estate shall be thereby ordered to be sold by
such executors. or any Of them, and one. or
more Of the executors, so named, die, refuse
to act, or neglect to take upon themselves
the execution. of the will, then als sales and
conveyances of said estate, by the. executor
or executors, who took upon himself or them
selves, in this state. the execution of the will
or the survivor or survivors OF. them. shall be
equally valid. as if the residue Of the execu-
tors had joined in the sale and conveyance; but
| if none of the executors named in such will,
take upon themselves the execution thereof,
or If all tho executors who take out letters
testamentary. die before the sale and convey
| \. A. \