The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1852-07-28

same, annexed tneret0, certlneQ Oy tne
probate Judge, under the seal Of his court,
may be filed and recorded in the office Of
the probate judge OF any other county in
this state. where any part Of such property
is situated, and shall be as effectual, in all
cases, as the authenticated copy Of said
will would be, if proved and admitted to
record by the court.
Sec. 81. "A will, executed. proved and
allowed. in any country other than the
United States, and territories thereof. ac-
cording TO the laws OF such foreign state
or country, may be allowed and admitted
to record in this state. in the manner and
for the purpose mentioned in the follow
ing sections.
SEC. 28. A copy OF the will and probate
thereof, duly authenticated, shall be pro-
duced by tho executor, or by any person
interested therein. TO the probate Judge OF
the county in which there is any estate
upon which the will may operate, where.
upon said probate Judge shall continue
the motion to admit such will TO probate,
for the term Of two months; and notice Of
the filing Of such application. shall be CIV
en- to all persons interested, in some pub
lie newspaper, printed or in general circu-
lation in the county where such motion is
made, at least three weeks successfully;
the first publication to be at least forty
days before the time set for the final hear.
ing of said motion.
SEC. 90. If, on hearing, II shall appear
10 the court that the instrument ought to
be allowed in this state, the coult shall or
der the copy to be filed and recorded; and
the will. and the probate and record there.
of, shall then have the same force and ef-
feet, as If the will had been originally
proved and allowed, in the same court, in
the usual manner; Provided, however,
that nothing herein contained shall be con-
strued to give any operation or effect to
the will of an alien, different from what it
would have had if originally proved and
allowe d in this state.
SEC. 80. After allowing and admitting
to record will, pursuant to the four pre-
ceding sections of this act, the court may
grant letters testamentary thereon, or let
ters OF administration with the will annex.
ed, and shall proceed in the settlement OF
the estate, that may be found in this state;
and the executor taking out letters. or the
administrator, with the will annexed, shall
have tho same power TO sell and convey
the real and personal estate, by virtue of
the will or the law, as other executors or
administrators, with the will annexed, shall
or may have by law.
Sec. 81. No will shall be effectual TO
pass real or personal estate, unless it shall
have been duly admitted to probate or
record, as provided in this act
Sec. 80. No lands, tenements, or heredi-
taments, shall pass to any devisee in a will,
who shall know of the existence thereof.
and have the same in his power to control,
for the term Of three years, unless, within
that time he shall cause the same to be
offered for. or admitted to probate; and by
such neglect the estate devised to such de-
visee, shall descend to the heirs Of the tes-
tator.
Sec. 33. A bond, agreement. or cove.
nant, made for valuable consideration by
testator, TO convey any property devised
or bequeathed in any will previously made,
shall not be deemed revocation of such
previous devise or bequest, either at law
or in equity; but such property shall pass
by such devise or bequest. subject to the
same remedies on such bond, agreement.
or covenant, for specific performance or
otherwise, against the devisee or legatees,
as might be had by law against the heirs
Of the testator, or his next of kin, il the
same had descended to them.
SEC. "a. A charge or incumbrance upon
any real or personal estate. for the purpose
Of ofsecuring the payment Of money. or the
performance of any covenant, shall not be
deemed revocation of any will relating
to the same estate, previously executed;
but the devises and legacies therein con-
tanned. shall pass and take effect, subject
to such charge or incumbrance.
Sec. 35. A conveyance. settlement, deed
or other act OF the testator, by which his
estate or interest in property previously
devised or bequeathed by him, shall be al
tered, but not wholly divested, shall not be
deemed revocation Of the devise or be-
quest Of such property.b but such devises or
bequest shall pass to the devisee or legatee,
the actual estate or interest OF the testator,
which would otherwise descend to his heirs.
or pass to his next ofk kin; unless in the in
strument by which such alteration is made,
the intention is declared, that it shall ope-
rate as revocation Of such previous de-
wise or bequest.
SEC. 36. But if the provisions Of the in.
strument by which such alteration is made,
are wholly inconsistent with the terms and
nature of such previous devise or bequest,
such instrument shall operate as a revoca-
sion thereof. unless such provisions de-
ponds on condition or contingency, and
such condition be not performed. or such
contingency do not happen.
SEC. 81. A will, executed by an unmar-