Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1852-10-01
LAWS OF OHIO.
PSbIIshed by Authority.
No. $751; AN ACT
Relating 10 Wills, and to repeal former acts re.
laling IN erelo.
lcnNrINuEp PROM LAST WEEK. !

CONTINUED FROM LAST WEEK.
SIC. a.. The election Of the widow TO TAX,
under the will shall be made by her 10 person.
in the probate court Of the proper county, ex.
cepI as hereinafter provided; and on The appli
cation by her To take under the will, il shall Be
the duty Of the court TO explain 10 her The pro
visions Of the will, her rights under il, and b,
law, in the event Of her refusal 10 lake under Iht
will. The election of the widow to take unde,
the will shall be entered on the minutes Of the
court, and il the widow shall fail TO make such
election, she shull retain her dover, and such
share Of the personal estate OF her husband. as
she would be entitled TO by law, 10 case her
husband had died intesluIe. II she elect 10 take
under The will, she shall be barred Of her dow.
err, and take under the will alone; Provided,
that said election By the widow to take under
the will shall not bar her of the right to remain
in The mansion Of her husband, and receive one
years allowance for the support Of herself and
children, as now provided by law, unless The
will shall expressly otherwise direct.
SEC. as. lflhe widow Of the testalor shall be
unable 10 appear in court, by reason Of i'll health
or is not resident Of Ihe county in which said
election is required 10 be made, il sha, be the
duty Of the Probate Court, on an application
made in her behalf, 10 issue commission with
copy Of The will annexed, direcled TO any suit.
able person, 10 take the election of said widow,
10 accept the povisons Of said will, in lieu Of
the provision made for her by law; and il shall
be the duty Of the court in said commission 10
direct such person to explain 10 said widow her
rights under the will and by law.
SEC. 46. Il the widow Of any testator shall be
unable 10 make an election, by reason Of in.
sanity or imhecility Of mind, II shall be The duty
Of the probate court, as soon as the facts shall
come 10 the knowledge Of The court, al any
time within one year alter the death Of the ies.
Ia'or, to appoint some suitable person TO ascer.
tain the value of the provision mode by said les.
lalor for her in his will, in lieu Of The provision
made by law, and The value Of her rights by
law in The estate Of her husband; and il The
court shall be satisfied, on the coming in Of the
report Of The person appointed TO make such n.
vesllgavoD, that the provision made by the les.
laIor for his widow, us aforesaid, in his will, is
more valuable aud better Cor her than the pro.
vision BY law, said court shall enter on its min.
ute book an election for said insane or imbeco
widow, that she, by virtue ofthe proceeding
herein provided for by the court, elects to take
under the will Of her husband, which election,
when so made, shall have the same force and
effect as provided in section forty-four.
SEC. Al. That the several courts Of probate
within this State shall have full power and au
Ihoriy 10 admit to probate any last will and les
lament which such court may BE- satisfied was
duly executed according to the provisions OF the
act upon that subject, in farce al the lime ofIhe
execution of such last will and testament, and
not revoked at the deaIh of The tesIa.or, where
such original will has been lost, spoliated, OF
destroyed, subsequently, 10 The doath OF such tes.
taIor, and cannot be produced in court in as full,
ample, and complete manner as such courts
now admit 10 probate last wills and testamenls,
The originals Of which are actually produced in
court for probate.
SEC. 48. 10 all cases where application shall
be here after made 10 the probate courIto admit
TO probate will duly executed, as aforesaid, &
which has been lost, spolaled or destroyed, as
it shall be the duty Of the party seek
ing 10 prove the same, TO give written notice
TO all persons whose interest il may be 10 resist
the probate. and who reside 10 the county where
the teslator resided at the lime Of his death, or
TO their agent or attorney, five days before the
day on which such proof is 10 be made, or to
give notice by publication in newspaper print
ed 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 TO such will so executed g.
lost, spoliated, destroyed, and not revoked, and
such other Witnesses as any person interested in
having such admitted 10 probate, may desire,
10 come before such court, and said witnesses
shall be examined by said Probate Judge, and
heir testimony reduced to writing, and filed by
him in his court; Provided, that in all cases
where il may be necessary so TO do, in conse.
luence Of Witnesses residing out of the jurisdic.
ion of saG court, or who reside within such ju-
isdction, and who are infrm or unable TO al
end court, the court may order the testimony Of
such witnesses TO be taken and reduced TO wri-
ing by some competen. person, which tesIimo'
ny shall also be filed in such probate court.
SEC. so. IL the court, upon such proof shall
,e satisfied that such last will and testament
vas duly executed in the mode provided by The
aw in force al the time Of its execution, that The
contents thereof are substantially proven, and
hat the same was unrevoked al the death Of the
lea1h OF the testator, and has been lost, spolia.
ed, or destroyed, subsequently to the death Of
uch ,estator, such court shall find and establish
he contents Of such will, as near as the same
IAN be ascertained, and cause the same, and the
eslimony taken in the case, TO be recorded in
Iaid court.
SEC. 81. The contents Of any such last will
md testament so found, established. and admit
ed to probate, as aforesaid, shall be as effectual
% pass real and personal estate, and for all 9th
,r purposes, as if The original will had been ad'
ntled TO probate and record, according to the
provisions Of This act; and such wills shall, in all
respects, be governed by the laws in force rela'
ing TO other wills, not only as relates to the
contest Of the same, but in all other matters.
Sec. 50. The title oI any boEaide purchaser,
without knowledge Of will, to any lands si.u'
a,ed in this sate derived from the heir or heirs
of any person not resident Of This state al the
lime Of his or her death, shall not be defeated
l.. ,e ,bo .,;I &C e,,nh dooadant