Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1852-06-03

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other witnesses as any person intereste,
in having such will admitted to probate
may desire, to come before such court
and said witnesses shall be examined b.
said probate judge, and their testimony
reduced to writing, and fled by him ii
his court; Provided, that in all case,
where it may be necessary so TO do, in
consequence of Witnesses residing ou
of the jurisdiction of said court. or swhc
reside within such jurisdiction and whc
are infFm or unable to attend court, the
court may order the testimony ofsleE
witnesses to be taken and reduced tc
writing by some eompeient person
which testimony shall also be filed in
such probate court. as e,cf- $3.50 -..-.l..
Sec. so. lfthe court, upon such proof
shall be satisfied that such last will and
testament was duly executed in the
mode provided by the law in force at the
time of its execution, that the content:
thereofare substantially proven, and thai
the same was unreyoked at the death oI
the testator, and has been lost, spoliated
or destroyed, subsequently to the death
Of such testator, such court shall find
and establish the contents fsueh will,
as near as the same can bezascertained,
and cause the same, and the testimony
taken in the case, 10 be recorded in said
court
Sec 81. The contents Of any such
last will and testament so found, esiab-
lished and admitted to probate, as aiore>
said, shall be as efieciual TO pass real
and personal estate, and for all other
purposes, as if the original will had
been admitted TO probate and record, ae-
cording 70 the provisions of this act; aud
suchwills shall, in all respects, be gov.
erned by the laws in force relaling TO
other wills, not only as relates to the
contest Of the same, but in all other
matters. -r t'. rr
2 Sec. So. The title Of any bona fide
purchaser, without knowledge Of a will,
to any lands situated in this State, de-
rived iromthe heir or heirs of any per.
son not a resident of this State at the
time OF his or her death, shall not be
defeated by the production of the will Of
such deeedent, unless such will shall be
offered for record in this State, within
four years from the final probate and es-
Of such will, in the State or
territory in which itimay have been ad-
mitted TO probate; Provided, that the
rights of infants, married women, or per-
sons of insane mind and memory, shall
not be concluded by any delay or fail
ure to record such will in this State, un-
til two Years after their respective disa-
biIities are removed; Provided, further,
that no proceeding shall be had in this
State, to contest a will executed and
proved according 10 the law of any State
or territory Of the United States. or of
any foreign country. relative TO proper
iy in this State; but if the said will shall
be set aside in the State, territory or
country in which IT is executed and
proved, the same shall be held of no va
idity in this State, as to all persons
claiming under said will, with notice Of
he same being set aside as aforesaid;
and as to all other persons, from the
lime that an authenticated copy of the
final order or decree setting the same
aside, is fled in the Office of the Probate
Judge ,ofthe county in which said will
$ recorded.
Sec. 53. When lands, tenements, or
are given by will, TO any
person for his life, and after his death 10
lis heirs in fee, or by words 10 that ef
-ect, the conveyance shall be construed
% vest an estate for life only, in such
irst taker, and a remainder in fee sim.
Die in his heirs. 40, 49,. -
Sec, "a Any estate, right or interest
N lands or personal estate, or other
acquired by the testator alter
he making OF his will, shall pass there
BY, in ike manner as il he'd OF passed
possessed at the. time of making the
will, ifsuch shall clearly and manilestly
appear by the will to have been the in
.ention ofihe testator, tf.-gsi
Sec. 55. Every devise of land, tensr
nents or herediiameuts, in any viii
hereafter made, shall be construed to-
convey all the estate Of the devisor there
n, which he could lawfully devise, un-
ess il shall clearly appear by the viii,
hat the devisor intended to convey
esS estate. ts.tr' re Jlrt7i I
Sec. SO. When devise Of real or
personal estate is made to any child or
,ther relative of the iestator, il such
ibid OF other relation shall die, leav-
ng issue uryiving the testator,su SUCH
ssue shall take the estate devised, in
he same manner as the deviseet
would have done, il he had survived
he testator, unless o different. dispo7l
;ilioR shall be made or5IequiEed byl
he Bilia1 Gs-B nsln syEd ,dy=s7is ,fid
Sec. 81. When anypart Of there
II estate Of a testator shall descend To-
MS heirs, by reasonof iis-ReJ being
Ievised or disposed Of by his will,
md his personal estate shall be insuf-
icient for the payment Of his debts,
he undevised real estate shall be first
:fiareeable with the debts, in exener-
liion, as far as-it will go.aof The real
state that is devised, unless III shall
ippear from the will, thapa different
arrangement of his assets, for the
,avment Of his debts, was made by
he testator, in which case, they shall