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

The will, and The probate and record there.
OF, shall then have The same force and ef-
feet. as if the will had been originally
proved and allowed 10 the same court, in
the usual manner; Provided. however, that
fothing herein contained shah be consau-
ed TO give any operation or elfec, TO The
will of an alien, different from whnt il
would have had if originally proved and al.
loe ed in This state.
SEC. 81. After allowing and admitting
10 record will, pursuant TO the four pre-
ceeding sections ofthis act. the court may
grant letters ,estamentary there con, or LETT
ieTs OF administration with Tho will annexed,
and shall proceed in The settlement, Of The
estate. that may be found IN this stale; and
the executor ,ukipg out letters. or The sd-
ministsator, with fhs will annexed. shall
have the same power TO sell and convey fho
real and personal estate, by virtue Of rho
win or The law. as other executors or ad-s
minstrators. with ibe will annexed, shall
sor may have by law.
SEC. 81, No will shall he effsctual %
pass real or personal estate, unless IL shall
have been duly admitted To proba.e OF Ie.'i
cord, ssproyided in this act.
SEC. 80. No lands, tenemen,s. OF here.
ditamenis shall pass 10 any deyisee in will
who shall know Of the existence thereof,
and have the same in his power TO control,
for The term Of three years, unless, within:
that time, 9 shall cause.-The same to be Of.
fered for, or admitted to probate; and by
such neglect, the estate devised 10 such de.
visee, shall descend TO the heirs Of The ies-
tailor. ~
SEC. S3. A bond, agreement. or cove.
nani, made for q valuable consideration by
,es:a,or. to convey any propert, devised
or bequealhen 10 any viii previously made,
shall not be deemed n,resocaiion Of such .
previous devise or bequest, ether st law or
in equity; but such property she'll pass
by such dev Use or bequest, subject to the
same remedies on such bond, agreement.
or covenant, for specific performsns or
otherwise. against The devisee or legaiees. g
as nigh, be had by law against lko heirs of
the testator. or his next OF kin, ifihe same d
had descended oihem. a. :
SEC, 81 A charge or incumbrarce up; ;ls
on any rsalor personal estate, for The pur-
pose Of securing the payment Of money, oe
the performance of any covenant. shall net
be deemed reyocaiionof any will relating
TO the same estate. previously execu,eds
hut the devises Ind legacies therein con-.
tanned. shall pass and lake effect, sui jec, 10
such charge or incumbrnnce.a - = ~.
IN SEC. 35. A conveyance. settlement,
deed or other act of the stss,aior, by swhicl,
his estateor interest in property prssious. =
ly devised or bequeathed by him, shall be
Uttered. but not wholly divesied.g shall iot
be deemed a revocation Of The devise or be-
quest Of such property ,sbGt such desises orr
beAuest shall pass to tie devisee or legaiee,
he actual estate or interest Of The teslaior.
VII ch would otherwise descend TO his befrs.s
Or pass TO his next Of kin unless in the in
s.rument by which such alierlion is made,
The intention is declared, that il shall oper-
ate as q revocation Of such previous devise Is
or bequest. .ss g
Sec 36. Bot If the provisions of the
instrument by which such alteration il
made, are wholly inconsistent with the
.erms and nature Of such previous devise of
oequest. such instrument shall operate asa
revocation thereof, unless such provisions
depends ON a condition or contingency, aId
such condition be not perfahmed, or such
do not happen.
SEC. 81. will, executed by mn un-
married woman shall not be deemed re.
soked by her subsequent marriage.
SEC. 80 1.-THE ies,ntor had 40 children
It the time Of executing bis will, but shall
afterwards have child living. or born a.
i've after his death. such will shall be DEEM
ID revoked. unless provisions shall havs
been made for such child by some settle.
neni, or unless such child shall have been
provided for in the will, or IN such way
mentioned therein. as to show an intentien
1ot TO make such provision. and no Other
TO rebut the presumption or re.
,ocalion. shall be received.
SEQ. SO. A will shall be revoked BY
he .essa.or tearing cancelling. obli,era-
ing. OF destroying the same. with the in
entioa Of reyevoking il. by the teslator
or,by some person in bis 2I esence,
" by his direction; or by some other will
,r codicil, in wiring, executed as prescfib-
ID by thus act; or by some other Writing.
igned, aitested and subscribed. in the man
ler provided by this &C, for the msking Of
] will; but nothing herein contained shall
prevent The revocation implied by law, from
ubsequent changes in the condition or cir.
,amstRnces OF the iestator.
SEC. 40. If, after the making Of any
will The teslalor shall duly make and exc.
;uIe u second. will, the destrucuou. cancel :
ng or revocation OF such second will. shall
,oI revive inc first will, unless II appear by
he terms OF such revocation that il was
lis intention to revive and give effect to
lis first will; or Unless, after such destruc-
ION. canceling, or revocation, he shall du.
y republjsh his first will.
SIC. Al. When tesialor, at the time
# executing his will, shall have child alb
ent and reported 10 be dead, or, having
;hlld OF the time Of executing the will,
ball afterwards have child who is not
rovided for in the viii. The absent child,
# the child born afer the exdculion of the
vill, shall take the same share oil the es-
ate, both real and personal. that they
you'd have been entitled 10 if the te { tor
ad died inteslaie: towards raising which
deyisess and ieeatees shall eouai.