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

The will, shalt have cnild or chiIdien
provss on for whom Is made BY the teslator.
fhe oil or legaiees and devises shal. net be
required 70 contribute, but such child, sup
posed 10 have been dead, shall lake the
provision made for bis child or children. by
the sessator, or such pafi thereof ss the cir
cunstances Of the cases in the optuion OF
the court Of proper Jurisdiction, may think
iusl and equitable.
Sxc. AZ. In settling the extent of the
claim oil any child, as provided for in The
proceeding section, any portion Of the es-
tate Of tbs testaior received by party in,
terested. BY way OF advancement, shall bs
deemed portion Of The estate, aEd charg
ed 10 The party who has received The sume.
SEu. 43. IL any provision be made for
widow, 10 the will of her husband, she
shali, within one year after probate If lhe
will, make her election. whether she VIII
take such provision. or bs endowed of his
lands; but he shall not be entitled 10 both,
unless il plainly appears by The will,io have
heenslke intention of the tesla or that she
should have such provision in addition 10
herdower,
$40. a. The election Of the widow TO
,ake under the will, shall be made by her
in p9fson, in the Probate Cuurt of tbe prop.
or county, except as hereinafter provided;
and on The application by her 70 lake under
The viii, h shall be the duty Of the Court To
explain 10 her the provisions of the will,
her rights under il, and by law, in The event
Of her refusal 10 take under the will. The
election Of the widow 10 take under The will,
shall be entered upon the minutes Of the
Court. and if the widow shall fail to mako
such election, 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 husband had died inies,ale. If
she eleci TO take under the will, she shall
be barred Of her dowar, and take under the
viii alone, Provided, tina. said election BY
the widow 10 lake under The viii, shall no.
bar her of the right 10 remain in tho man
.sion Of her husband, and receive one years
allowance for the support of herself and
children. as now provided BY law, unless the
vii: shall expressly otherwise direct.
Sec. As. Ii The widow Of tie ses.aior
shall be unable 10 appear in court, by rea-
son Of iii health, or is not a resident Of the
county in which said election is required to
be made, 1t shall be the duty Of The Probate
Court, oD annpplica,ion mnoe in her behalf,
10 issue commission. with copy Of the
will annexed, directed to any suitable per>
con, "a take the election Of. said widow, to
sccspt The provisions Of said will 10 lieu of
the provisions made for her by law; and il
shall be The duty Of the court in said coE>
mission, 10 direct such person to explain to
said widow her rights under the will, and
BY law.
: Sec. 90. IL the widow Of any testator
shall be unable to make an election, by
reason Of Insanity or imbeci,ity Of mind, il
shall be The duty Of the Probate Court, so
soon as The facts shall come to the knowl.
edge Of ihs court, al any time within one
. year after The death Of the iesiatof, 10 ap.
point some suitable person TO ascertnin the
value Of the provision made by said testa>
ior for her IN his will, in lieu Of the prosis.
Ions made By law, and the value Of her
rights by law in The estate Of her husband;
and il the court shall be satisfied, on the
coming IN Of the report OF the person sp.
pointed 10 make such investigation. that
~tha provision made by the lesta tor for his
widow, as aforesaid, in his will, is more
vaiuable and better for her than the pro.
vision by law, said court shall enter upon
lie minute book, ,an election for said insane
orimbeciIs widow, that she by viftue ofihe
proceeding herein provided for By the court,
elects 10 iake under the viii Of her husband,
which election, when so made, shall have
shs same force and effect as provided in
ssciien forty
Sec. Al That the several Courts OF
Probate. within this State shall have full
power nnd authority 10 admit TO probate,
any Iasl will and testament which such
court may be satisfied was duly executed
according 10 the provisions of the act upon
that subleci, 10 fafce at The lime of the exc
eution Of such last will and testament, and
moi revoked at The death of the ,estator,
where's sach original will has been lost,
spoliaied or destroyed, subsequently 10 the
death OF such. testator, and cannot be pro.
duced 10 court in as full, ample and com.
piese d manner ms such courts now admit 10
probate Inst wills and tes.amenis. the oligi-
nails Of which nre actually produced in
: court orsprobase.
Sec. d. In afl cases where application
shall be hereafter made 10 The probate cour,
10 admit to probate will duly executed, as
aforesaid, and which has been lost, spoliat.
ed or destroyed. as aforesa;d, il shall be the
duty ofthe party seeking lolp,oye the same
to give written notice 10 all persons whose
interest," il may Be 10 resist the probate, and
who reside IN the county Mhsre the teslatol
resided al the time of his death, or 10 theIl
agent or attorney, five days before the da y
90 which such proof is TO be made, or tc
give notice, by publication in nsnswspapel
priatsd IN the county, thirty days before
the day set for hearing such proof.
! Sec. 49, "a. such cases, The saie
court shall cause the witnesses 10 such vii
90 executed and LOST, spoliated or destroyed
and no. revoked, and such other witnesse
as any person Interested in having sacl
will admitted TO probate, may desire, U
come before such court, and said withesse
shall be examined by said probate Judge
and their testimony reduced 70 writing, an
flsd by him in his coui; Provided, thai il
ali caSas share II fnav be neeassarv IN 4