Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1852-06-03
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AN ACT
Relating to wills, and to repeal former acts re-
~ ~ ss .lafing thereto
BY AUTHORITY.


~ g5i lating thereto.
SEC. 1. Be IL enacied by The General .4ssera
bly, ofatte Slate Of Ohio, That any person o
full age and sound memory, having
an interest in lands, tenements or
hereditaments, or any annuity or
rent charged upon or issuing out oi
tie same, or. any goods, chattels,
rights. credits, chooses in action OF
possession, or any other property of
any description whatever, may give
and devise the same to any person,
by last will and testament lawfully
executed; subject, nevertheless, 10
thearights OF creditors, and TO the
provisions of this act, and Of an act
entitled "an act 10 restrain the en-
tailment of real estate"
Sec. 2. Every last will and testa-
ment, Except such as is mentioned
in the seventy-iourth section of this
act. shall be in writing, and signed
at the end thereof, by the party ma
king the same, or by some other per-
son in his presence ard by his ex-
press direction, and shall be attested
and subscribed in the presence OF
such party, by two or more compe
tent witnesses, who saw the tesiaior
subscribe, or heard him acknowledge
the same.
Sec. 3. Any will in writing, may
be deposited, by the person making
the same, or by some person Tor him,
inthe Office Of the judge of the pro-
bate court, in the county in which
such testator lives, TO be safely kept
until delivered or disposed Of as
hereinafter provided; and said pro-
bate judge, on being paid the fee Of
one dollar therefor, shall receive and
keep such will, and give a certificate
OF deposit thereof.
Sec. 4. Every will intented to be
deposited as aforesaid, shall be en-
closed in a sealed wrapper, which
shall have endorsed thereon the
name Of the testatoT, and the said
probate judge shall endorse thereon,
the day when, and the person by
whom il was delivered; and may
also have endorsed the name of any
person TO whom it is TO be delivered;
and it shall not be opened or read
until delivered 10 person entitled 10
receive the same, or otherwise dis
posed Of as hereinafter provided.
Sec. 5. Such will shall. during the
lie time OF the testator, be delivered
only TO himself, or TO some person
authorized by HIM, by an order in
writing, duly proved by the oath of
a subscribing witness; and after his
death, il shall be delivered TO the
person named in the Endorsement on
the wrapper of the will, If there be
any person SO named, who shall de-
mand it.
Sec. 6. If no person shall demand
the will in pursuance of such ap-
pointment, it shall be publicly
opened. in the probate court, within
two months after notice of the death
of the testator, and shall be retained
in the office Of the probate judge,
until offered for probate; or if the
jurisdiction belongs 10 any other
court, il shall be delivered 10 the
executors or other persons entitled
10 the custody Of it, 10 be presented
for probate in such other court; and
if the jurisdiction OF such will be-
longs to The probate judge opening
the same he shall Immediately give
notice TO the executor or executors,
if any are named in such will, and ifI
none are named therein, then TO the
other persons Immediately interested,
of the existence of such will.
Sec. Z. IF any real or personal
estate shall be devised, or bequeaihed
by the last will, the executors Of
such, will, or any person interested
therein, may cause the same 10 be
brought before the probate court Of
the county in which such estate may
be, and the court may, by citation,
attachment or warrant, or If circum-1
stances require.it, by warrant or at
tachment in the first instance, COM
pei the person having the custody or
control Of such will, TO produce it.
before the court for The purpose Of
being proved.
Sec. s. The process mentioned in
the preceding section, may be issued
into any county in the state, and
shall be served and returned by the
sheriff, or other officer to whom il
may be delivered.
Sec. 8. The officer TO whom such
process may be delivered, shall be
liable for neglect in the service or
return Of such process, in like man,
ner as sheriffs are, or may be BY law,
liable for neglect in not serving or
returning a capias issued upon an
Indictment. ..,,. - B
Sec. 10. II the person having the
custody or control OF a will, shall,
without any reasonable cause, neg
Iect .or.refuse to produce the same
for probate, after being duly cited Tor
that nnrnosa he NAV he commiffed