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

such investigation, .hl 4 % ,rovisiou made
BY the IesiaIor ior his widow, az aforesaid,
In his will. is more valuable and better for
her than than the provision by law. said
court shall enter upon ils-minule book, an
election for said insane or imbecile widow.
that she, by yir,ue Of The preceding herein
provided for by The court, elects 10 luke un-
der The will Of her husband. which election,
when so made, shall have the same force
and effect as provided in section fory.four.
SB;. Al. Thn. The several Courts Of Pro.
bate, within this Safe, shall have full powar
and qu,hority 10 admit 70 probate, any last
will and testament which such court may be
satisfied was dulyexecu.ed according TO the |
provisions OF the act upon that subject, in
force at the time of the execution Of such
last will and testament, and no, revoked at
the death of the ,es,alor, where such origi-
nal will has been lost, spolia.ed or destroyed
subsequently 10 The death Of such iestaior,
and cannot bs produced in court in as full.
ample and complete q manner, as such
courts now admit 10 probate last wills and
lestamenls, the originals Of which are actu.
ally produced in court fur probate.
SEC. 49. ln all cases where application
shall be hereafter made TO the probate court,
TO admit 10 probate will duly executed, as
aforesaid, and which has been lost, spoiaied
OF DESTROYED, as aforesaid, |, shall be the
duty Of the parry seeking to prove The same.
10 give written notice 10 all persons whose
interest il may be TO resis, the probate, and
who reside in the county where the ies,aior
| resided a. the line Of his death, or TO their
agen, or attorney, FIVE days before the day
on which such proof isio be made, or to give
no,ice. by publication in newspaper print
ted in the county, Thirty days before the day
set for hearing such proof.
SEC. 40. In all such cases, the said court
shall cause The Witnesses 10 such will so ex.
ecuted and lost, spolia,ed or destroyed, and
no, revoked, and such other Witnesses as
any person interested in having such will
admitted TO probate, may desire, TO come
before such court, and said witnesses shall
be examined by siad probate Judge and their
testimony reduced TO wiring, and filed by
him in his court; Provided, that in all cases
/ where ii may be necessary so TO do, in con.
sequence of Witnesses residing ou. Of the
, Jurisdiction of said court, or who reside with
in such jurisdiction and who are in6rm or
f unable To attend court, The cour, may order
/ the testimony Of such witnesses TO be taken
! and reduced 10 writing, by some competen,
a person, which testimony shall also be flied
+ IN such probale court. ~
Sec. SO. If The court, upon such proof
shall be satisfied that such last viii and les.
! lamen. was duly executed in tine mode pro.
I vided by the law in force at the time Of III
=; execution, that The contents thereof are sub
S slannalIy proven, and that the same was
. unrevoked at the death Of the ,es,ator, anc
}. has been lost, spoliated or destroyed, subse
n quenIly TO the death Of such ,es.ator, sucf
/. court shall find and establish The contents o
a such viii, as near as tha same can be ascer
S lained, and cause the same and the tes,imo
n ny taken in the case, TO be recorded in salt
e court.
h Sec. 81. The contents Of any such las
h will and testament so found, established ant
e udmiued to probate, as aforesaid, shall be q
" efeclual to pass real and personal estate
e and for all olher'purposes, as if the origina
i will had been sdmitled 70 probate and resorc
], according 10 The provisions Of this ACT; an
e such wills shall, in all respects be governe
y by The laws in force relating TO other will
:. not only as relates 10 the contest Of lh
'i same, bu, in all other mellers.
* Sec 52. The lille Of any bona fide pu
chaser, wiihou, knowledge of will TO an
lie ands situated in this State, derived frol
'e ,he heir or heirs Of any person no. res
e dent of this State at The time of his or h
j. death. shall not be defeated by The produ'
a lion of the will Of such deceden,. une.
e such will shall be offered for record in tn
State, within four years from the fnal pre-
bate and establishment of such will, in Il
IT, Stale or territory in which it may have bee
H. admitted 10 probate; Provided. that The righ
'e of infants, married women, or persons Of il
S; sane mind and memory, shall not be COT
SIS cluded by any delay, or failure TO reco,
IN such will in this SIale, until Two years allt
ID their respective disabilities are removed
er Provided, further, thai no proceeding sha
b. had in this Slaie, 10 contest q will exec
to led and proved according to the law of ar
er Stale or territory Of the United States, or
o. any foreign country, relative 10 properly
d; this STAT e; but il the said will shall be s.
er aside in the Slale, territory or country
10 which it is executed and proved, the san
er shall be held of no validity in this State,
oil 10 all persons claiming under said will, wi
ne notice of The same being set aside os afor
u, said; and as TO all'oiher persons. from Il
ne time .ha, an authenticated copy Of the fin
ke order or decree seuing The same aside,
'r' filed in this office Of the Probate Judge
er The county in which said will is recorded.
". SEC. So. When lands, ienemenls, or h
IL reditamenls are given by will, 10 any persc
be fci his life. and after his death 10 his he
he in fec, or by words to lha. effect, the conve
BY ance shall be construed 10 yes, an estate
lo' life only, in snch frstiaker, and remei
IN der in Fec simple in his heirs.
RS SEC. 54. Any estate, right or interest,
no lands or personal estate, or Other proper
ess acquired by the eslaior after the making
his will, shall pass thereby, in manner as
tor held or passed [possessed] u, The time
on making the will, If such shall clearly a
IN maniles,ly appear by the will 10 have be
he the inte nlon Of the ;eslator.
ate SEC. 55. Every devise Of land, teneme
l'l' or heredi'amen,s, in any will hereafter ma