The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1852-06-25

in fee simple in his heirs. 'l'N
Sec. 54. Any estote, right or interest. in
lands or personal estate. or other properly.
acquired by the teptator after tho milking Of
bis will, shall pass thereby, in like mann or
as if held or passed [possessed1 at the time
of making the will. II such shall clearly and
manifes,ly appear by the will TO have been
the intention Of the testator. 'a- he
Sec. IS. Every devise Of land, ienements
or heredtnm ents, in any viii hereafter made
shall be construed TO convey al the estate Of
the devisor therein, which he could lawfully
devise, unle SO il shall clearly appear by the
will, that the deviser intended to convey a
less estate.
Sec. S.. When devise Of real or perso.
nal estate is made to any child or other rela.
tive or the iestator, If such child or other
relation shall die, leaving issue surviving the
testator. such issue shall take the estate de-
vised, in the same manner as the devsee
would have done. il he had survived the tes.
tator, unless different disposition shall be
made or required by the will. t
Sec. ST. When any part ofthe real estate
OF testator shall descend to his heirs, by
reason OF its not being devised or disposed OF
by his will, and his personal estate shall be
insufficient for the payment of his debts. the
undevised real estate shall be fret charge.
able with the debts, in exoneration, as far as
il will 90, Of the real estate that is devised,
unless il shall appear from the will, that q
different arrangement Of his assets, for the
payment Of his debts, was made by the tes.
tator; in which case, they shall be applied
for that purpose, in conformity with the pro-
visions Of the will.
Sec. SO. When any estate. real or perso.
nal, that is devised, shall he taken from the
devsee for the pavmen. Of the debts OF the
testator, all the other devisees and legatees
shall contribute their respective proportions
Of the lose to the person from whom the es-
tate is taken, SO os to mike the loss fall
equally on all the devsees and legatees, nc.
cording to the value Of the property received
by each Of them. excepting as is provided in
the following section.
Sec. SO. If, in such case, the testntor
shall, by making specific devise or be-
quest, have virtually exempted any dev;see
or legatee from his liability to contribute,
with the others, for the payment Of the debts,
or il he shall. by any other provision IN the
will. have prescribed or required any appro.
priation Of his estate for the paymentsof his
debts, different from that prescribed in the
preceding section, the estate shall be appro-
prated and applied in conformity with the
provis sions Of the will.
Sec. 60. Nothing contained IN the two
preceding sections. shall impair OF in any
way affect. the liability Of the whole estate
of The testator, for the payment Of his debts;
but the provisions If these sections shall np-
Div only to the marshaling of the assets is
between those who hold or claim ander the
will fH
Sec. 6l. When any part Of the estate Of a
testator descends to child born after the ex-
ecution Of the will, or to child absent and
reported to be dead, under the forty-first
section ofthis act, or to witness TO will
who is devisee Of legatee. under the Gle.
venth section Of this act, such estate and
the sdvuncoment made to such child or wit
ness. shall, for all the purposes mentioned
in tn three preceding sections, be considered
as if It had been devised to such child or
witness; and he shall accordingly be bound
to contribute with the devisees and legatees,
as before provided. and shall be entitled to
claim contribution from them accordingly.
Sec. 81. When any OF the persons who
are liable to contribute towards the dis
charge of such debt, according 10 the provi-
sioDs contained in the fonr preceding sections,
shall be insolvent or unable to pay his just
proportion thereof, the others shall be sever
ally liable to each other, for the loss occa-
stoned by such insolvency. each one in pro.
portion 10 the value Of the property received
by him, from the estate OF the deceased; and
il any one of the persons so liable shall die,
without having paid his proportion Of such
debt, his executors and administrators shall
be liable therefor, in like manner as II It had
been his proper debt, to the extent TO which
he should have been liable fliving.
Sec. 63. All cases arising under this act,
in which devisees or legatees may be re.
quired to contribute to make up the share Of
anv child born after the execution the will,
or Of child absent and reported to be dead,
or Of witness to the will, or in whicha con
tribunon is to be made among devisees, lega.
tees and heirs, or any OF them. may be heard
and determined by the bill, filed upon the
chancery side Of the court Of common pleas,
allowing an appeal 10 the district court, as In
other cases. sg-
Sec. Ga, Nothing in the foregoing Sec
tions contained, shall prevent the court,
when sale Of lands aliened or unali4ned
by devisee or heir, is ordered for the pay
ment Of the debts Of the estate, to make
such order and decree for the sale Of any por.
ton of the .aIiened or unaliened land, as may
be equitable between the several parties,
and also TO make such order OF contribution,
and such order and decree as will fully settle
and adjust the various rights and liabilities
Of the parties, which arise by reason Of the
alienation, or the order of sale, or otherwise.
Sec. 65 When last will and testament
is admitted to probate, or will made out Of
this state is admitted to record as hereinbe-
fore provided, and any land, tenements or
hereditaments, ure 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, SO named, die, refuse to act,
or neglect to take upon themselves the exc
cution Of the will, then all sales and convey
ances Of said estate. by the executor or exc
crtors, who took upon himself or themselves,
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 executors had
Joined in the sale and conveyance; but if
none of the executors named in such will.
take upon themselves the execution thereof,
or IL all the executors who take out letters
te STAN entary. die before the sale and con-
veyance, of such estate, or die after the sale,
and before conveyance is made, the sale or
conveyance, or both. shall be made by the
administrator with the will annexed.
Sec. 66. When two or more of them die,