The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1852-08-04
LAWS OF OHIO.
PUBLISHED BY AUTHORITY.

fObLiSi1ED bS AUTHORITY.
i mo. ss.] AN ACT
Relating to Wills, and to repeal former
acts relating thereto.
CONCLUDED.
SEC. AZ. In settling the extent Of tina
claim Of any child, as provided for in the
preceding section, any portion Of the
estate Of the testator received by party
interested. by way of advancement, shall
be deemed portion Of the estate. and
charged to the party who has received the
same.
Sec. 43. II 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 provisions or be endowed Of his
lands; but he shall not be entiilsd to both.
unless it plainly appears by the will. to
have been tho intention Of the testator that
she should have such provision in addition
10 her dover.
Sec. a.. 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, excep! as hereinafter provi-
ded; and on the application by her 10 take
under the will, it shall be tho duty of the
Court to explain to her the provisions of
the will, he, rights under it, and by law,
In the event of her refusal TO take un.
der the will. The election of the wild :
ow to 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 bs entitled to by law, in case
her husband had died intestate. If she
neglect to take under the will, she shall be
barred Of her dover, and take under the
will alone; Provided. that said election by
the widow 10 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 herself
and children, as now provided by law,
unless the will shall expressly otherwise
direct.
SEC. as. II the widow Of the testator
shall be unable to appear in court, by rea-
son of i'll health, or is not resident of the
county in which said election is required
to be made, it shall be the duty of the Pro-
bate Court. on an application made in her
behalf, TO issue commission, with copy
Of the will annexed, directed to any suita-
BILE person, to tske the election Of said
widow. to accept tho provisions of said
will in lien of the provisions made for her
by law; and it shall be the duty of the
court in said commission. to direct such
person to explain to said widow her rights
under tho will, and by law
SEC. :46. IF the widow Of any testator
shall be unable to make an election, by
reason of insanity or imbecilty Of mind,
it shall be the duty of the Probate Court,
so soon as the facts shall come to the
knowledge Of the court, at any time within
one year after the death o the testaior, 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 nus
band; and if the court shall be satisfied,
on the coming in Of the report Of the per.
son appointed to mako such investigation.
that the provision made by the testator for
his widow. as aforesaid. in his will, is
more valuable and better for her than the
provision by law. said court shall enter !
upon its minute book, an election for said
insane or imbecie widow. that she. by vir.
tue OF the proceeding herein provided for
by the court, elects to take under the will |
of her husband. which election, when 90
made, shall have the Same force and effect
as provided in section forty four.
Sec. At. That the several Courts of
Probate, within this State, shall have full |
power and authority 10 admit to probate,
any last will and testament which such
court may be satisfied was duly executed
according TO the provisions of the act upon
that subject, in force at the tiOe OF the ex-
ecution OF such last will and testament.
and not revoked at the death Of the testa-
tor, where such original will has been lost,
spoliated or destroyed, subsequently to
the death of such testator, and cannot be
produced in court in as full, ample and
manner. as such courts now
admit to probate last wills and testaments.
the originals Of which are actually produ.
ced in court for probate.
SEC. 48. In all cases where application
shall be hereafter made to the probate
court, to admit to probate will duly exc.
cuted, as aforesaid, and which has been
lost, spoliated or destroyed, as aforesaid,
it shall be the duty of the party seeking 10
prove the same, to give written notice to
all persons whose interest it may be to re-
sist the probate, and who reside in the
county where the testator resided at the
time Of his death, or to their agent or al
torney, five days before the day on which
such proofis to be made, or to give notice,
by publication in a newspaper printed in
The county, thirty days before the day set
for hearing such proof.