The Portsmouth inquirer. [volume] (Portsmouth, O. [Ohio]) 1849-1855, 1852-06-11

-4NI ~ A t||'| |I|r''I r"tti tIIrutI uNt'I "a
other hct d TIE lsslaloi BY NAieh his estate o.
oequoashed By him, shall be altered, but not
wholly digested, shall not be deemed revoca-
tion q the devise OF beqpeet Of such property,
but such dePises or bequcst shall pass to the de-
fisee or legatee, the actual estate OF Interest Of
the teetator, which would otherwise descend
to his heirs pass tohis of next kim unless IN
the instrument by which such, alteration is
made, the intention is declared, that it shall OPP
crate as asareyocation Of such previous deyisenr
Ibequest.
Sec. as. But II tho provisions Of the in
strument by which such alteration is made; are
whollginconsistan with the terms and nature
| Of such previous devise or bequest, suchinstru-
ment shall operate as a revocation thereof, I'M
less such provisions s-depends on condition or
contingency, and such condition be not per-
formed. or such contingency do not happen.
Sec. 81. A will, executed by an unmarried
woman, shall not be deemed revoked by her sub
sequent marriage.
| Seca 80. If the testator had no children at
the time Of executing his will, but shall after
wards have child living, or born live after
his death, such will shall be deemed revoked,
unless provisions shall have been madefor such
i child by some settlement, or unless such child
shall have been provided for in the will, or in
Il such way mentioned therein, as to show an in
ltention MOTTO make such provision, and no
Eother evidence. to rebut the presumption or re-
I vocation, shall be received. i
See. 80. Awill shall be revoked by the tes-
tator, tearing, cancelling, obliterating, or des-
troying the same, with The intention of revo:
! king IT'D by the testator himself, or by some
: personIn his presence, or by.his direction; or
! by some will or codicil, in writing executed as
prescribed by this act; ;or by some other writing
signed, attested and SUBSIDIZED, in the manner
j provided BY this act for the making of a will;
but nothing herein contained shall prevent the
: changes in the condition or circumstances Of
the testator
Sec. 40. II, after the making of any will
: the testator shall duly make and execute asec'
ond will, the destruction. canceling or reyoca-
r tion Of such second will, shall not revive the
first will, unless it appear by the terms of such
revocation, that it was his intention to revive
and give effect to his first will, or unless, after
such destruction, canceling, or revocation, he
shall duly republish his first will.
Sec. Al. Whena testator, at the time Of ex
s, ecuting his will, shall have child absent and
reported to be dead, or having child at the
time of executing the will, shall afterwards
Q have child that is notprovided form the will
/, the absent child, or thechild born after the ex
of the estate both real and personal that the,
V would Nave been entitled to II the testator baS
g | died intestate. towards raising which portion
n tho devisees and leoatees sbail equally contri
! bute In proportion 10 the value Of what the,
sh iii resrectivelv receive under the will unless
in consequence Of a specif;c devise or beouest
n or Of some other provisions in the will, a diff
Il ferent annort;onment among the deyisees anc
d leoatees sball he found necessary. in order tc
o;ye efact n the ;ntent;onof the testator as n
E fhat mart Of the estate which shall mass by Tho
f will. Provided. that if such child; supposed tc
be dead at the time Of the execution Of the will
: shall have a child or children. provision fol
ri whom Is made by the testator. the other lega
e tees and deyisees shall not be required to con
tribute. hut such child. supposed to have beer
dead shall take the provision madef for his chic
or children by the testator. or such part thereo
i as the circumstances of the case in the opinion
{ az the court Of proper Jurisdiction. NAV thipl
= ;ust and eo,itaple:
It'll Sec. 40 In settling tie extent of the CLAIM
r of anv child as proyided for in the nrecedin,
IT section anv norton of the estate Of the tes,a
n tor received bv marty interested by wav O
= advancement. shall be deemed portion of tn
e. estate and CHARGED TO the party who has receiy
L led The same,
,f Sec. 4s. If any provision be made for
e widow. in the will OF her husband. she shall
,e within one wear after probate of the will max
" herelection. whether She will take such proyis
h ion or he endowed of his lands. but he shal
/ not he entitled To both. unless IL plaiply an
,e nears by the will to have been the intention .
In the testotor that she should have such proyis
ID ion in addition to her dover.
Or Sec. "A. The election Of the widow to tax
er under the will, shall be made by her in person
Of in the Probate Court of the proper county, ex
b cept as hereinafter provided; and on the appIi
r cation by her to take under the will. it shall b
the duty, Of the Court to explain to her the pro
visions of the will, her rights under it, and b,
'e law, in the event Of her refusal to take unde
% the will. The election Of the widow to TAX
1T under the will. shall be entered upon the minu
Is les of the Court, and if the widow shall fail b
y make such election, she shall retain her dover
ID and such share Of the personal estate Of he
husband, as she would be entitled to by Law
!. in case her husband had died intestate. fish
ID elect to take under the will she shall be barre
ne Of her dover, and take under the will alone
,e Provided, that said election by the widow t
mi take under thewill, shall not bar her Of tn
in right to remain in the mansion of her husband
and receive one years allowance for the sur
te port Of herself and children, as now provide
ID by law, unless the will shall expressly othel
ID wise direct.
in. Sec. rs. If the widow of the testator shal
III be unable to appear in court, by reason Of i
II health. or is not a resident of the county /
o. which said election is required to be made,
Of shall be the duty OF the Probate Court, on