Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1852-06-03

lion whatever. NAV give and devise the
same to apy person, by last will and tesla
men, lawfully executed; subject, neverthe'
less. TO The rights of creditors ana 10 ihe
provisions oflhis act, and ol an act ennueo
ian ac, 10 restrain The en'hilmen' oil real
esiale."
SEc 2. Every las, will and testament,
(excep, such as is menliOned in the seventy
ionr,b section of this act. lshall be in writing.
and signed at the end thereof by the party
making the same, or by some Olher person in
his presence and by his express direction
and shall be ar,ested and subscribed in The
presence ofsuch party. by TWO or more com
pe,ent witness, who saw the ,esIalor SUBSCRIBE
or heard him acknowledge the same.
SEC. 8. Any will in writing. may De de-
posted, by the person making the same: or
bv some person for him, In The ofhce oil the
Judge Of the probate court, in the county IN
which such ,esta,or lives, 10 be safely KEEP
until delivered or disposed OF as hereinafter
provided; and said probate judge, on being
paid the Zee Of one dollar therefore, shall re-
ceive and keep such will, and give a cer'ifl'
cate Of deposit thereof.
SEC 4. Every will intended 10 be depos-
tied as aforesaid. shalI be ecclosrd IN seal
ed wrapper. which shall have endorsed 'here-
on the name Of the testalor. and the sald
probate Judge shall endorse thereon. 'he Day
when anl the person by whom was del'v-
cred: and may also have endorsed the name
of any person TO whom il is 10 BE delivered;
and il, shalt not be opened or read un''l de
Iivered 10 person entitled 10 receive the
same. or otherwise disposed oil as hereinafter
provided. ..
SEC S. Such will shall, during the life
,ine orthe tes,ator. be delivered only TO him
self. or 10 some person authorized by him
bv an order in writing, duly proved by lh'
oath of subscribing witness; and alter his
death, i, shall be delivered TO the person
NAMED in the endorsement on the wrapper o
the will. if there be any person so named
who shall demand it.
SEC 6. If no person shall demand 'h'
wili in pursuance of such appointment. i
shalI be publicly opened in the probate cour
wihin ,wo months aIlei notice OF death
,hp ,cs,s,or. and shall be retained in the OF
fee Of the probate judge. unuI offered t"
probate; OF If the jurisdiction belongs 10 an.
i, shall be delivered 10 the executors OF othr
persons en,,le d to the custody Of il, 10 b
presented for prrbale in such other cour'
and it the jurisdiction olsuch will belongs II
the probate judge opening The same he sha'
inmailaiely give nolce TO the executor OF
executors. If any are named in such will
and if none are named therein, then TO TIT
olher pprsons Immediately interested. OF th
existence OF such will.
SEC. 7. If anv real or personal esta'
shall hD devised, or bpqueahed BY the las
will, he executors Of such will or any perso
interested therein, may cause the same 10 b
broushl belof, !he probate courl of The coun
ty in which such estate may be, and III
court may. by citation. attachment or wn'
rant, or if circumstances require il, by wal
ran, or a,,achmen, in the frs, instance, CON
pei the person having The custody or conro
Of such will, TO produce il before The cou'
for the purpose of being proved.
SEC, s. The process mentioned in III
preceding section. may be issued inlo an
county in the Stale and shall be served u;
returned by The sheriff. or other officer
whom il may be delivered.
SEC. 0. The officer 10 whom such rr'
cess moy be delivered shall he Iiab'e f.
neglect in lhs service or return "t surh pro
CESS, in like manner as sheritfS are. or ma
be by law, liable for neglect in not servin
or re,urning n capas issued upon an indie
mcn!.
SEC. 10. Iflke person having The custod
or control of will, shall, without any rri
sonahlc cause. neglec, or refuse 10 produc
NJ same for probae, ai.er being duly cIt"'
Or that purpose. he may be c"mmiued
,he Jail of The county. there 10 be kept
custody until he shall produce The will, an
it SHAT bs liable 10 the action oI any parI
arerei,ed. for the damages which may
sus,aired by such neglect or reiusalr
SIC. II. ifa devise or bequesi is give
to person who is u witness TO the will, al
,he will cannot otherwise be proved Than
the ,esumony Of such witness, the devise I
heours, shall be void. and lhe witness sho
be competent 10 give testimony oiIhe exec
zion of the will, in like manner as il SUI
devise or bequesl had not been made; al
if such witness would have been entitled
apy share Of The ,esla,or's estate, in case Il
viii was no, established, so much of SUI
share ms shall not exceed The bequesI or d
wise 10 him shall be saved 10 him; and Il
devisees and lega,ees shall contribute
that purpose in The mode directed in &
ioriv.6rs, section Of this act.
SEC. l2. The said court shall cause I
Witnesses TO such will. and such other W
nesses as any person interested in havirg /
same admiiled probate, may desire,
come before such cnurl; and said witness
shall be examined in open court, and th'
testimony reduced to writing, and filed.
SEC 49, it shall appear TO the col
when tho will is off;,ed for probnte. that al
witness thereto rs gone 10 purls unknown;
il the witnesses 10 will were competent,
the Time Of altesling its execution. and ali,
wards become incompetent. the will may
admiued TO probate, and allowed, upon su
prooras would be satisfactory, and in Ii
manner as if such absent or incompett
witnesses were dead.
SEC. IA. The court may issue co..
mission. with the will annexed directed
any suitable person or persons, IN take
deposition of any witness to will, who
sides out Of the jurisdiction Of the court.