Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1852-07-21
the mode directed in theifolty first section ot


SEC. IL. The said court shall cause ths
witness to such will, and such other witness
as as any person interested 10 having the sa m.
edmitted to probate, may desire, to come be
fore such court; and said witnesses shall bt
examined in open court, and their testimony
reduced to writing, and filed.
SEC. 13. If it shall appear to the court
when the will is offered for probate, that any
witnesses thereto,is gone to parts unknown; OF
if the witnesses to will were competent al
the time OF attesting its execution, and AFTER
wards become incompetent, the will may be
admitted to probate, and allowed, upon such
proof as would be satisfactory, and in like
manner as if such absent or incompetent wit.
nesses were dead.
SEC. IA. The court may issue commits
sion, with the will annexed, directed to any
suitable person or persons. to take the depo-
sition Of any witness to will, who resides Out
of the jurisdiction of the court, or who resides
within it. and is infirm and unable to attend
court; and every deposition so taken. certified
and returned, by aEy one or more of the per-
sons named in such commission, shall be as
valid as if taken 10 open court.
SEC. is. If it shall appear that such will
was duly attested and executed, and that the
testator. at the time of executing the came,
was of full age. and of sound mind and MEM
ory, and not under any restraint, tine court
shall admit. the will to probate.
Sec. 16. Every will, when admitted to
probate as above mentioned, shall be filed ia
the office of the probate judge, and recorded,
together with the testimony. by said judge or
his clerk, in a book which shall be kept by
him for that purpose. IS
SEC. II. A copy of such recorded will,
with copy Of the order of probate annexed
thereto. certified by the said judge of probate,
under seal of his court, shall be as effectual in
all cases, as the original would be, if produ-
ced and established by proof.
Sec. 10. If real estate devised by will,
is situate in any other county than that in
which the will is proved, an authenticated
copy of the will and order of probate. shall be
admitted to record in the Office of the probate
judge Of each county in which such real es-
tate. upon the order of such probate Judge,
and shall have the same validity therein, as
if probate had been had in such county.
e. Sec 10. If no person interested, shall,
within two years after probate had, appear,
and contest the validity of the will, the pro-
bate shall be forever, binding; saving, howey-
er, to infants, married women, and persons
absent from the state, or of insane mind,
or in captivity, the like period, after the res.
pective disabilities are removed.
SEC. 90. The mode of contesting will
shall be by bill in chancery, which may be
filed in the court of common pleas OF the
proper county, within said two years, by any
person interested in the viii or estate Of the
deceased. s=. az.
SEc.2l. In such suit ia chancery, an is-i
sue shall be made up, whether the writing
produced be the last viii of the testator or
not, which shall be tried by Il jury, whose
verdict shall be final between the parties, un-
less the court shall grant a new trial, or the
cause. benppea1ed to the districtcourt. !.
SEc.22.5 The order Of probate shall be
prima faeie evidence. on the trial Of said is
sue, of the due attestation, execution aud va
idity of SAID will.
Sec. %. A certified COPY of tho testimo-
ny of such of the witnesses examined upon
he original probate,as are out Of the jurisdic-
ion of the court, dead, or have become in
since the probate, shall be admit
ed In evidence upon such trial.
SEC. %. 10 all suits in the court of COM
mon pleas, in which any will may be contest
ID, appeals may be had from the final DEGREES
rendered therein, as in other suits in cham
,ery, to the district court; and said district
court shall on the application of either patty
n the Trial of such contested will, direct The
ssue that was tried in the court below, to be
re-tiied by a jury, in said district court, in
he same manner as is provided by law, in
such Gases. in the cour OF common pleas.
SEC. 25. The rights of infants, married
or persons absent from the state, or
# insane mind, or in captivity, shall not be
concluded by the verdict of the jury, or the
iecree Of the court thereon, mentioned in the
wenty first and twenty fourth sections Of
his act; but such persons may. within two
years alter their respective disabilities are re-
nnved, and not thereafter, contest by bill in
.haacery, and insthe manner provided in the
i've lrec Q ling sections of this act, the said
'erdict aud decree.
SEC. 26. Authenticated copies of wills,
executed and proved according to the laws of
my state or territory of the United Suites,
-elative to any property 10 the state of Ohio,
nay be admitted to record in the probate
court of any county in this state, where any
part of such property may be situated; and
uch authenticated copies recorded. shall
lave the same validity in law. as wills made
n this state, in conformity with the laws
hereof, are declared to have; Provided that
where auy such will, or authenticated copy,
las been or shall hereafter be admitted to
ecord, in the probate court OF any county in
his state, where any part of such property
nay be situated, a copy Of such recorded will
With copy Of the order TO record the same |
lnoexed thereto, certified by the probate
udge, under the seal Of his court, may be !
lied and recorded in the office of the probate |
uigs of any other county in this state, where
ny part of such property is situated. and
hall be- as effectual, in all cases, as the au-
henticated copy of said will world be, if |
'roved and admitted to record by the court.
SEC. u. A will, executed. proved aud
flowed. in any country other Than the
Jniied States. and territories thereof, ac.
ording to the laws Of such foreign s:n,e or
ounuy.. may be allowed aud admitted 10
ecord in this state. in the manner and for |
ia purpose mentioned in the following sec.
ions. .sa...t
SEC %. A copy of the will and pro.
ase thareof, duly authenticated, shall be
roducad by the executor. or,by any per
on Interested therein. 10 the probate Judge |
+ The county in which there is any ESTATE |
pon which the will may operate, where
pom said prob lie judge shall continue the
lolion TO admit such will TO probate for The /