The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1852-08-04

o"ehs ~ uohihS oprSiuc ucfiSc OF uc
quest, have virtually exempted any devi
see or legstee from his liability to contrib
nie, with the others. for the payment Of tn,
debts. or it he shall, by any other provi
sion in the will, have prescribed or requir
ed any appropriation of his estate for the
payment Of his debts. different from tina
prescribed in the proceeding section, tn,
estate shall be appropriated and applied il
conformity with the provisions Of the will
SEC. so. Nothing contained in the two
preceding sections shall impair, or in any
way effect. the liability Of the whole estate
OF the testa,or. Tor the payment Of his debts
but the provisions Of these sections shal
apply only 10 the marshaling of the assets
as between those who hold or claim uhde,
the will.
SEC. 81. When any part Of the estate
Of testator descends to a child born after
the execution of the will, or TO child ab.
sent and reported to be dead, (under the
forty-iirst section Of this act,) or 10 wit
ness TO will who is devisee or legatee.
(under the eleventh section oil this act, J
10 such child or witness shall, for all the
purposes mentioned in the tires preceding
sections, be considered as if it had been
devised TO such child or witness; and he
shall accordingly be bound to contribute
with the devisees and legatees, as before
provided. and shall be entitled to claim
contribution from them accordingly.
SEC. 62. When any of the persons who
are liable to contribute towards the dis.
charge OF such debt, according to the pro-
visions contained in the four preceding
sections. shall be insolvent or unable to
pay his just proportion thereof. the others
shall be severally liable to each other, for
the loss occasioned by such insolvency,
each one in proportion to the value of fthe
property received by him, from tho estate
OF the deceased; and it any one OF the
persons so liable shall die, without having
paid his proportion of such debt, his exc
cutors and administrators shall be liable
therefor, in like manner as if it had been
his proper debt, TO the extentto which he
should have been liable if living.
SEC. 63. All cases arising under this
act, in which devisees or legatees may be
required to contribute to making up the
share Of any child born after the execu-
tion of the will. or child absent and re-.
ported to be dead, or OF witness to the
will, or in which contribution is to be
made among devsees. legatses and heirs,
or any Of them. may be heard and deter.
mined by bill, filed upon the chancery
side Of the court Of common pleas, allow.
ing an appeal TO the distric, court, as in
other cases.
Sec. "a. Nothing in the foregoing Sec
tions contained, shall prevent lhe court,
when sale of lands allened or unaliened
by q devisee or heir, is ordered for the pay
ment of the debts Of the estate, to mako
such order and decree Tor the sale OF anv
portion of the alened or unaliened land.
as may be equitable between the several
parties, and also to make such order of
contribution, and such further order and
decree as will fully settle and adjust the
various rights and liabilities of the parties,
which arise by reason of the alienation. or
TIE OTucr OF SAFE, or 0tnerWlSe
SEC. 65. When last will and testa-
men. is admitted to probate, or u will
made out Of this state is admitted 10 re.
cord as hereinbefore provided. and any
lands, tenements or herediameDts, are
given or devised by any such will to the
executors. therein named, or any OF them.
to be sold or conveyed; or such estate
shall be thereby ordered to be sold by such
executors, or any of them. and one or
more of the executors. so named. die or
neglect TO take upon themselves the exc
cution OF the will, then all sales and con-
veyances Of said estate, by the executor
or executors, who took upon himself or
themselves, in this state. the execution of
the will. or the survivor or survivors of
them. shall be equally valid, as if the res.
idue of the executors had joined in the sale
and conveyance; but if none of the execu.
tors named in such will. take upon them
selves the execution thereof or if all the
executors who take out letters testamenta.
ry. die before the sale and conveyance
Of such estate, or die after the sale, and
before a conveyance is made. tine sale or
conveyance, or BOTH. shall be made by the
administrator with the will annexed.
Sec. 66. When two or more trustees
arc appointed by will, to execute trust.
and ono or more of them die. the survivors
may execute the trust unless the terms of
the will express contrary intention.
SEC. 81, II such will has not provided
for the contingency of the death, inc.pa-
city or refusal OF such trustee or trustees
to accept or execute the trust. the probate
court having probate of said will. may ap-
point some suitable person or persons to
execute the trust, according to tho will,
who shall give bond with security. as pro-
vided in the sixty ninth section of this act.
SEC. 68. Trusts committed by a will
made out Of this State, and relating to lands
situate in this State, may. after the will is
duly admitted to record in this State, be ex.
scuted as hereinafter provided
Sec. SO. If trustee is named in such