Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1852-06-03

further liable to the action OF anl
party aggrieved, for the damage
which may be sustained by.such neg
lect or refussl. 5yr5 s
: Sec. IL. Ii devise or bequest i
given TO a person who IS witness
10 the will, and the will canno
otherwise be proved than by tht
testimony of such witness, the deyis'
or bequest shall be void, and the wit
ness shall be competent TO give tesli
mony of the execution of the will
in like manner as if such devise ol
bequeSt had not been made; and i
isuch witness would have been enti
tied TO any share of the tesiator'.
Iestate, in case the will was not es
tablished, so much of such share az
shall not exceed the bequest or de-
wise to him, shall be saved TO him;
and the devisees and legatees shall
contribute for that purpose in the
mode directed in the forty-first Sec
ton OF this act. -s sf
Sec. IL. The said court shall
cause the witnesses TO such will, and
such other witnesses as any person
interested in having the same admit
ted TO probate, may desire, to come
before such court: and said witnesses
shall be examined in open court, and
their testimony reduced 10 writing,
and fled.
Sec. I3. IF it shall appear TO the
court, when the will is offered for
probate, that any witness thereto is
gone TO parts unknown; or il the
witnesses 10 a will were competent,
at the time of attesiing its execution,
and aflerwads become incompetent,
the Will may be admitted 10 probate,
and allowed, upon such proof as
would be satisfactory, and in like
manner as if such absent or incompe-
tent witnesses were dead.
Sec. Ia. The court may issue a
commission, with the will annexed,
directed 10 any suitable person or
persons, 10 take the deposition Of
any witness TO a will, who resides
out OF the Jurisdiction of the court,
or who resides within it, and is infirm
and unable to attend courG and
every deposition so taken, certified
and returned, by any one or more Of
the persons named in such commits
sion, shall be as valid as if taken in
open court.
Sec. Is. IF it shall appear that
such will was duly attested and exc
cuted, and that the testator, al the
time of executing the same, was Of
full age, and OF sound mind and
memory, and not under any restraint,
the court shall admit the will 10 pro
bale.
Sec. l6. Every will, when ad-
mitted 10 probate as above mentioned,
shall be fled in the office OF the pro-
bate judge, and recorded together
with the testimony, by said judge or
his clerk, in a book which shall be
kept by hin for that purpose.
Sec. IL. A copy olsuch recorded
will, with a copy Of the order of
probate annexed thereto, certified by
the said Judge of probate, under
seal of his court, shall be as effectual
in all cases, as the original would be,
il produced and established by proof.
Sec. Is. IL real estate devised by
will, is situate 10 any other county
Than that in which the will proved,
an authenticated copy Of the viii
and order of probate, shall be admit
ted to record in the Office OF the
probate Judge Of each county in
which such real estate may be situate,
upon the order of such probate
Judge, and shalt have the same validi-
ty therein, as ii probate had been
had in such county: SO,
Sec. I9. IL no person interested,
shall, within two years after probate
had, appear and contest the validity
OF the will, the p bate shall be for.
ever binding, saving, however, to
infants, married women, and persons
absent from the state, or of insane
mind, or in captivity, the like period,
after the respective disabilities are
removed. sr-a s,.. f1s-a-i 4
Sec. 90. The mode of contesting
will, shall be by- bill in chancery,
which may be filed in the court Of.
common pleas of the proper county,
within said two years, by any person.
interested in the will or estate of the
deceased. iaaE cl-z-
Sec. 81. In such suitin chancery,
an issue shall be made up, whether.
the writing produced be the last will
of the testator or not, whichishah be
tried by a jury, whose verdict shall.
be final between the parties. unless
the court shall grant new trial, or
the cause be appealed to the district
court. e.1 -ssa.51-@<s - T-rr SO.
Sec. %. The order OF probate
shall be prima fscie evidence, on the
trial of said issue, of the due attesta-
ton, execution and validity of said.
will. ,--roz s4 stssssss ssys
Sec. 03. A certi6ad sconv of the