Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1852-07-21

tric, court, asin other cases.
Sec 81. Nothing in the foregoing sec,
sions contained, shall prevent the- court,
when sale Of lands aliened or unalened
by devisee or heir, is ordered tor the pay"
ment Of the debts of the estate, to make
such order and decree for the sale OF any
portion of the aliened or unalened land, as
may be equitable between the several par
ties. and aalso to make such order Of cons
,ribuiion, and such further order and de-
cree as will fully settle and ndjust the vari.
Gus rights and liabilities Of the parties, which
arise BY reason Of the alienation, or the Or
der of sale, or otherwise.
Sec. 81. w hen last will and lestamen,
is admitted to probate, or will made out
Of this state is admitted TO record as herein-
before provided, and any lands, tene ments
or heredi,aments, are given or devised by
any suchwill to the executors therein named
or any of them, to be sold or conveyed; or
sach estate shnll be thereby ordered to be
sold by such executors, or any OF them,
and one or moro of the executors, 80 napned,
die, refuse to act, or neglect TO take upon
themselves the execution Of the will, then
all sales and conyeyances of said estate, BY
| the executor or executors, who took upon
himself or themselves, in this state, the ex-
ecu,ion of the will, or the survivor or sur.
vlvors Of them, shall be equally valid, as
| il the residue Of the executors had joined
| IN the sale and conveyance; but if hone OF
| the executors named in such will, take upon
themselves the execution thereof, or if all
the executors who take out letters testament
| ary, die before the sale and conveyance Of
such estate, or die after the sale, and before
a conveyance is made, the sale or convey.
ance, or both, shall be made by the admin
islrator with the will annexed.
Sec. 66. When two or moro trustees are
| appointed by will, to execute trust, and
| one or more Of them die, the survivors may
execute the trust, unless the terms Of the
will express contrary intention.
| Sec. 81. II such will has not provided
for the contingency of the deolh, 10 capac.
i,y or refusal of such trustee or trustees
to accept or execute the trust. the pro-
bate court having probate of said will,
may appoint some suitable person or persons
10 execute the trust, according TO the will,
who shall give bond with security, as pro-
vided in The sixty-ninlh section of this act.
Sec. 69. Trusts created by will made
out of this state, and relating to lands stu
ale in this state, may, after the will is duly
admitted to record in this state, be executed
| as herlnnfter provided.
Sec 50. If a trustee is named in such
foreign will. he may execute the trust, up
on giving bond 10 the state Of Ohio, in such
sum and with such sure,ies as shall be ap-
proved by the probate court Of the county
in which said lands, or any part thereof,
are situate. conditioned 10 discharge with
fidelity The trust reposed in him: Provided,
| that when the testaior in the will naming the
trustee, shall have ordered or requested that
bonds should not be given by said trustee, the
bond shall not be required, unless, from q
change in the situation or circumstances ol
The trustee, or for other sufficient cause,
the court of probate shall think proper to
require 1t.
See. 10. If trustee has been appoint.
ed by foreign court according to the laws
of the foreign Jurisdiction, he may execute
the trust, upon giving bond as provided in
the preceding section. and satisfying the
/ probate court Of the county in which such
lands, or any part Of them, are situate, by
an authenticated record of his appointment,
that he has been duly appointed trustee to
execute the trust.
Sec II. The court Of common plsas ol
the county where the properly affected by
the trust il situated, may. when necsssa.
ry. on application by petition, Of the party
or parties interested, appoint trustee to
carry into effect a trust cIeated by foreign
will; which trustee, before entering upon
his trust, shall give bond, with such securi
iy, and in such amount, as such court shall
direct.
Sec. ~. Every father may, by his last
will in writing, appoint guaroian Or guar
dans, for any Of his children, wpelher born
a, the time Of making the will, or afterwards
TO continue during the minority Of the child
or tor less time; and every such testamenta
ry guardian shall have the same powers, ane
shall perform the same duties with regare
to the person and the estate Of the ward
and be subject to removal for the sntne cau
ses, as guardian appointed by the court o
probate, subject 10 the provisions Of lhe
will.
| Sec. 73. Every such testamentary guar
dian shall give bond, in like manner ane
with like conditions, as is required Of q
guardian appointed by the probate court;
Provided, that when the testator, in the will
appointing the guardian, shall have ordered
or requested that such bond should not be
given, the bond shall not be required, un
less, from a change in the situation or cir
cunsiances Of the guardian, or for oihel
sufficient cause, the court of probate shall
think proper to require it.
Sec "a A verbal will, made in ths
last sickness, shall be valid in respect Il
personal estate, if reduced to wiring, ant
subscribed by two competent disinterestet
witnesses, within ten duys after the speak
iag Of the lestnmen.ary words, and if il b.
proved, by seid witnesses. that the tes,ato
was OF sound mind and memory, and no
} under any restraint, and called upon som.
person present, al the time the testamenta
ry wordswere spoken, to bear testimony Il
said disposition us his will.
} Sec. rs. No noncupative will shall b.
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