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

Gee. 81. A will, executed BY an un.
married woman, shall not be deemed re-
yoked by her subsequent marriage.
Sec. 3S. II the tesia,or had no chill
dren al The time of executing his will,
but shall afterwards have child living,
or born alive after his death, such will
shall be deemed revoked, unless provis-
ions shall have been made for such child
BY some settlement, or unless such child
shall have beer provided for in the will,
or in such way mentioned therein, as 10
show an intention not TO make such pro.
vision, and no other evidence, to rebut
the presumption Of revocation, shall be
received. 4 4, fopag lt9 in 16fif
Sec. 80. "A will shall be revoked by
ihs tesiator tearing, concealing, ohlitera.
ling, or destroying the same, with the
intention Of revoking III by The testator
himself, or by some person in his pre-.
sencc, or by his direction; OF by some
other will or codicil, in writing, executed
as prescribed by this act; or by some
other writing, signed, attested, and sub.
scribed, in the manner provided BY this
act for the making of will; bat nothing
herein contained shall prevent the revo
cation implied by law, from subsequent
changes in tho condition or circumstan-
ccs of the tesiator. ifl D
Sec. 40. IT. after the making Of any
will, the testator shall duly make and
execute second will, the destruction
conccaling or revocation Of such second
will, shall not revive the FIRST will unless
il appear by the terms Of such revoca-
tor, that il was his intention TO revive
and give effect TO his first viii or unless,
after such destruction, concealing or re-.
vocation, be shall duly republish his first
will. ''e| fA.sF 91"t iHs 's'lsa
Sec. al. When a ieststor, al the
time Of executing his will, shall have a
child absent and reported TO be dead, or.
having child at the time Of execuiinp
the will, shall afterwards have a child
Who is not provided for in the will, the
absent child, or the child born after the
execution OF the will, shall take the
same share Of the estate, both real and
personal, tha, they would have been
entitled 10 If the testator had died inies.
tate; towards raising which portion, the
devisees aud legatees shall equally con-
tribute, in proportion to the value OF what
they shall respectively receive under the
will, unless, in consequence OF a specific
devise or beq'est, or OF some other pro-
visions in The will, a different apporlion.
,meni among the devsees and legaiees
shall be found necessary, in order to
give effect to the intention Of the tesia-
.nr, as to that part Of The estate which
shall pass by the will; Provided. that II
such child, supposed TO be dead at the
time Of The execution Of the will, shall
hsve child or children, provision fur
whom is made by the ,estator, the other
lega'ees and devisee shall not be required
10 contribute, but such child, supposed
10 have been dead, shall take the provi-.
sion made for his child or children, BY
the ies,ator, or such part ibereo! as the
circumstances ofthe case, in the opinion
Of the court Of proper Jurisdiction, may
think Just and equitable. ~ p
Sec. 40. In settling the extent Of
the claim of any child, as provided for in
the preceding section. any portion OF the
estate of the testator received BY a
party Interested, by way Of advancement,
shall be- deemed portion Of the estate,
and charged to the party who has re.
ceivsd the same. tqa9 ei.' E
Sec. 43. IL any provision be made
for 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 en-.
dowed Of his lands: but she shall not be
entitled to both. unless il plainly appears
BY the will, to have been the intention OF
The testator that she should have such
provision in addition 10 her dover.
Sec. AZ. The election Of the widow
to take under the will, shall be made by
her in person, in the Pr,bate Court OF the
proper county, except as hereinafter pro-
vided; and on the application by her TO
take under the will, il shall be the duty
Of the court to explain 10 her the piovl.
sions Of the will, her rights under il, and
by law, in the event Of her refusal to lake
under the will. The election of the
widow to take under the will. shall be
entered upon the minutes Of the court,
and If the widow shall fail to make such
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 husbapd had died intes-
late. If she elect 10 take under the
will, she shall be barred Of her dover,
and take under the will alone; Provided,
that said election by the widow TO take
under the will, shall not bar her Of the,
righ. 10 remain in the mansion Of her
husband, and receive one years allow.
ance for the support Of herself and
children, as now provided by law, unless
the will shall expressly otherwise direct.
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