Fremont weekly freeman. [volume] (Fremont, Sandusky County, Ohio) 1850-1853, 1852-06-19

been duly admitted TO probate or record, as
provided in this act. e6 @ @
Sec. 80. No lands, tenements or heFedi-
taments, shall pass to any devisee In a will,
who shall know of the existence thereof, and
have the same in his power to control. for
the term of three yoars unle S. within that time,
he shall cause the same TO be offered for. or
admitted to probate; and by such neglect,
the estate devised to such devisec, shall de-
scend to the heirs of the testator.
Sec. SO. A bond, agreement or covenant.
made for valuable consideration BY tes-
tator. to convey any property devised or be-
queathed in any will previously made, shall
not be deemed revocation of such previons
) devise or bequest. either at law or in equity
i but such properly shall pass by such devise
Or bequest, subject to the same remedies on
such bond, agreement, or covenant. for spe-
, cifc performance or otherwise, agaist the de-
: visees or legatees, as might be had by law
against the heirs of the testator, or his next oi
kin, if the same had decended TO them.
Sec. "a. A charge or incumbrance upon
any real or personal estate. for the purpose OF
securing the payment of money, or the per-
fuTmance of any covenant, shall not bo deem
ed revocation of any will relating TO the
same estate, previously executed; but the
devises and legacies therein contained, shall
pass and take effect subject to such charge
or incumbrance. -.
Sec. 35. A conveyance, settlement. deed,
or other act of the testator. by which his es-
tale or interest in property previously devised
or bequeathed by him, shall be altered. but
not wholly divested. shall not be deemed a
revocation of the esIAep or bequests Of
such property. but such devises or bequests
shall pass to the divisee or legatee, the actual
estate or interest of the testator, which would
otherwise descend to his heirs, or pass to his
next of kin; unless in the instrument by
which such alteration is made. the intention
is declared thatit shall operate as revocation
of such previous devise or bequest.
Sec. SO. Butt the provisions of the in.
strument By which such alterations is made,
are wholly inconsistent with the terms and
nature of such previous devise or beuuest,
such instrument shall operate as q revocation
thereof. unless such provisions depend on
condition or contingency, and such condition
be not performed. or such contingency do
not happen, a
Sec. 81. A will by an unmarried
.
subsequent marriage.
Sec 49, IF the testator had no children at
the time of executing his will, but shall af-
terwards have child living, or born alive af-
ter his death, such will shall be deemed IT,
voked. unles provisions shall have been made
for such child by some settlement, or unless
such child shall have been provided for in the
will. or in such way mentioned therein, as to
show an intention not TO make such provis-
ions, and no other evidence, to rebut the pre-
sumption or revocation. shall be received.
Sec 80. A will shall be revoked by the
testator. tearing. canoe Inv, obligating,or des-
troying the same, with the intention of re-
voking it, By the testator himself or by some
person in his presence. or by his direction
or BY some other will or codical, in writing
executed as prescribed By this act or by some
other writing, signed. attested and subscribed
in the manner provided by This act for the
making of will; but nothing herein contain
ed shall prevent the revocation implied BY
law, from subsequent changes in the condi-
ton or circumstances of the testator.
Sec. 40. If. after the making of any will. the
testator shall duly make and execute second
WILL the destruction. cancelling or revocation
of such second will, shall not revive the first
will, unless it appear by the terms of such rev
ocation. that it was his intention to revive and
give effsct to his first will; or unless. after
such destruction. cancelling, or revocation he
shall duly republish his first will.
See. IL. When a testator, at the lime of ex-
4 ecuting his WILL shall have a child absent and
[reper.ed TO be dead, OF having a child at the
thine of executing the WILL shall afterwards
have child who s not provided for in the will
the absent child, or the child born after the
execution of the will, shall take the same share
of the estate, both real CE personal, that they
would have been entitled to if the testator had
died intestate towards raising which portion,
the devisees and legatees shall equally con-
tribute. in proportion to the value of what they
shall respectively receive under the will. un-
less, in consequence of a spe6c de,ise or be-
quest, or of some other provisions in the will, a
different apportionment among the devices
and legatees shall be found necessary, in
order to give effect to the intention Of the tes-
Iator, as to that part Of the estate which shall
pass by the will; Provided, that if such child,
supposed to be-dead at the time of the execu-
ton of the will. shall have a child or children,
provision for whom is made by the testator.
the other legatees and devisees shall not be
required TO contribute, but such child, suppos-
ed to have been dead. shall take the provision
made for his child or children, by the testator
or such part thereof as the circumstances Of
the case in the opinion Of the court of prop
er jurisdiction, may think just and equita.
Bile.
Sec. A. In settling the extent of the claim
of any child. as provided for in she proceeding
section, any portion of the estate of the tesla
tor received by party interested, by way OF
advancement shall be deemed portion of the
estate, and charged to the party who has re-
ceived the same. .-. .-
Sec. 43. If any provision be made for wild
ow in the will of her husband. she shall. with
in one year after probate of the will, make her
election, whether she will take such provision
or be endowed of his lands: but he shall not
be entitled to both, unless it plainly appears
BY the will, To have been the intention of the
testaIor that she should have such provisions
in addition to her dover.