Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1852-06-03
/. LIP Oils. @ 10 - y = s52

. of common pleas. in which any vii
; may be. contested, appeals may. b
had from the 6nal DEGREES rendered
tlnerein. as ia other suits in chancery
} to the district court and said distT:c
J court shall, OF the application 0
either party in the trial Of such con
, Tested will, direct the issue that wa
J tried in the court below, TO be re
.ttried by a jury. in said district court
IN the same manner as is providec
4 by law, in such cases, in the court 0
common pleas. .lszs
4 Sec. 25. The rights Of infants
married women, or persons abseni
} from the state, or OF insane mind, oil
in captivity. shall notbe concluded by
the verdict of the jury, or the decree
of the court thereon, mentioned il
the twenty-frst and iweniy-fourth
Isections of this act; but such persons
may, within two years after Their
Irrespective disabilities are removed
and not thereafter. contest by bill 10
Ichancery, and in the manner pro-
tvided in the FIVE preceding sections
of this act, the said verdict and de-
cree. r E ti -ar-r a- I'd
Sec. 26. Authenticated copies OF
wills, executed and proved according
to the laws Of any state or territory
OF the United States, relative TO any
property in the state of Ohio, may
be admitted 10 record in the probate
court Of any county in this state,
where any part OF such property
NAV be situated; and such aulhenti-
Gated copies so recorded, shall have
the same validity in law, as wills
made in this state, in conformity
with the laws thereof, are declared
TO have; Provided, that where any
such will, or authenticated copy, has
been or shall hereafter be admitted
10 record, in the probate court
any county in this stale, where any
part Of such property may be situa-
ted, copy of such recorded will,
with copy Of the order TO record
THE same, annexed thereto, certified
BY the probate judge, under the seal
of his court, NAV be filed aud re-
corded in the office Of the probate
Judge of any other county in this
state, where any part Of such proper
ty is situated, and shall be as efiectu-
al, in all cases, as the authenticated
copy OF said will would be, If proved
and admitted 10 record by the court.
Sec. 81. A will, executed, proved
and allowed, in any country other
than the United States, and terrific
.ries thereof, according TO the laws
Of such foreign state or country,
may be allowed and admitted TO
record in this state, in the manner
and for the purpose mentioned in the
following sections. 2 0a irHi .-s.y 4
Sec. %. A copy Of the will and
probate Thereof, duly authenticated,
shall be produced by the executor,
or by any person interested therein
10 the probate judge Of the county in
which there is any estate upon which
the will may. operate, whereupon
said probate judge shall continue the
motion 10 admit such will to probate,
Tor the term Of two months; and
notice Of the filing of such appIica-
.tion, shall be given to all persons
interested, in some publicnewspaper,
printed or in. general circulation in
the, county where such. motion is.
made at least three weeks success
sively; the first publication 10 be at
least forty days before the time sci
for the final bearing OF said notion.
+ Sec. %. IF. on hearing, it shall
appear 10 the court that the instru-a
ment ought to be allowed in this
state, the court shall order the copy
to be filed and recorded; and the
will, and the probate and record
thereof, shall then have the same
force and effect, as il the will had
been originally proved and allowed, I
in the same court, in the usual man
ner; Provided, however, that moth
ing herein contained shall be con.
strued to give any operation orefect
to the will Of an alien, different
from what If would have had ifI
originally proved and allowed in this
state. All h,'.i''a tia ~ -ZEsT1
Sec. go Alter allowing and adj
hitting % record a will, pursuant TO
the four preceding sections Of dis
act. the court may grant letters
lestamentary thereon, or letters OF.
administration With the will annexed, !,
and shall proceed 10 the settlement
OF the estate, that may be found in
this state: and the executor taking
out letters, or the administrator,
with the will annexed, shall have the
same power 10 sell, and convey the
real and personal estate, by virtue Of
the will or the law, as other execu-4
tors or administrators, with the will
annexed. shall or may have tbyslaw..''
See. 81. No will shall be effectual
to pass real or personal estate, unless
ii shall have been duly admitted to
nrobafaf or record i1as iiF3rovidsFl- In