Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1852-09-24


the will TO probate.
Sec. l6. Every will. ~hen admitted to pro-
bate as above mentioned. shall be filed ia the
Office Of the PROBATE Judge. and recorded, to-
geIher with the testimony. by said Judge or his
clerk, 10 hook which shall be kept by him for
that purpose.
Sec. II. A copy Of such recorded will,
with copy Of the order Of probate annexed
thereto, certified by the said Judge Of probate,
under seal Of his court, shall be as eiiecIual in
all cases, as the original would be, if produced
and established by proof.
Sec. l8. Ii real estate devised by will, is
situate in any other county Than that IN which
the will is proved, an authenticated copy OF the
will and order rprobn.e, shall be admitted to
record in the office Of the probate Judge Of each
county in which such real es,ale may be stu.
ate, upon the order Of such probate judge, and
shall have the same validity therein, as if pro.
bate had been had in such county.
Sec. l9. II no person Interested, shall.
within two years after probate had, appear and
contest the validity Of the will the probate
shall be forever binding, saving however, TO in.
ianls, married women, and persons absent from
The state, or Of insane mind, or Ia captivity,
the like period, after the respective disabilities
are removed.
Sec. 20. The mode OF conIesling will,
shall be by bill in chancery, which may be filed
in The court Of common peas Of The proper
county, within said two years, by any person
interested in the will or estate Of the deceased.
Sec. 81. In such suiI in chancery, an is
sue shall Oe made up, whether the wiring pro-
duced be the last will Of the .lestaIor or not.
which shall be ried by jury, whose verdicl
shall be fnal between the parties, unless The
court shall grant new trial, or the cause BE-
appealed ts the district court.
Sec. 22. The order of probate shall be pri.
ma acie evidence, on the Wial Of said issue, Of
the due auestaIon, execution aud validity Of
said will.
Sec. 90. certified copy of the testimony
Of such of the witnesses examined upon the
original probate, as are out of The Jurisdiction Of
the courI, dead or have become incompetent
since the probate, shall be admitted in evidence
upon such lra.
Sec. "a. Ia a suits in the court Of common
pless in which any will may be contested ap.
peals may be had from The final DEGREES ren.
deted thereon as IN other suits in chancery 10
the district couu; aud said district couu shall on
the application of either parry ia the trial OF
such contested will cirecI The issue that was
tried in Ihe court below, 20 be roWied by Ju'
ry in said district courI in the same manner as
is provided by law. ia such cases in the cour'
of common pleas.
Sec. 25. The rights Of infants married WON
en- or persons absent from the state or of insane
mind, or 10 CAPTIVITY, shall not be concluded by
the verdict Of Ihr jury or The decree OF the
court thereon meuiloned in the 2lst and 24Ih
sections Of this aci; but such persons may with.
in two wears sier their respective disabilities
are removed aud NOT thereafter contest by bill
in chancery and 10 the manner provided in the
five proceeding sections of'hiS ac the aald vrr.
Cicl aud decree.
Sec. 26. Authenticated copies Of Wills exc.
culed aud proved according 10 IN laws Of any
state or territory of the UnIled States relative
to anv properly IN the state of OHIO, mny be
admilled TO record in the probate court Of any
county ia this state where any part OF such
property may be situated aud such authenticated
copies so recorded shall have The same validity
in law rs wills made in this state in conformity
with the laws thereof are declared to have;
Provided that where any such viii or au'henu.
Gated copy has been or shall hereafter be admit
ted to record in The probate court q! any county
in this state where any part Of such properly
may be situated a copy Of such recorded will
with copy Of the order to record the same an
nexpd thereto certified by the probate Judge un-
der The seal Of his court may be filed and re-
corded in lhe Office of the probate judge OF any
other county in this state where any part OF such
Droparty is situated and shall be as elfsctua! in
all cases as the authenticated copy Of said will
would be, if proved and admitted to record by
the court.
Sec. 27. A will executed proved and allow
ed in any other country than The United States
and territories thereof according to the laws o
such state or county may be allowed and admit
led 10 record in this state in the manner and Io'
the purpose mentioned in The following sections
Sec. 2s A copy of the will and probate
thereof duly authenticated shall be produced By
The executor or by any person Interested there
in 10 the probate Judge of The county in which
there is anv estate upon which the vii! may op
e,a,e whereupon said probate judge shall con
,inue the motion TO admit such will TO probat
for The term of two months; and noIce oi III
filling of such application shall be given 10 a
oetsons interested in some public newspape
nrin,ed or in general circulation in the count
where such motion is made al least three week
successively the first publication TO be at ea'
forty DAYS before the time sci for the final heal
ing Of said motion.
, Sec. Q9. If, on hearing it shall appear to III
, cour. thai The instrument ought 10 be allowed
This state the court shall order the copy TO
filed and recorded; and The will and The Proba'
and record thereof shall have the same fore
and effect as if the will had been original
proved and allowed in the same court in tn
f usual manner; Provided, however, that noIhin
, herein contained shall be construed 10 give an
operation or effect TO the will Of an alien diffe
ent from what il would have had if original
proved and allowed in this state.
f Sec. 30. Alter allowing and admitting to r
E cord will. pursuant to the four proceeding Sc
u Il lneeA enaU