Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1852-07-21
LAWS OF OHIO.
PUBLISHED BIZ AUTHoR11n

relating thereto.
SEC. 1. Be it enncted by the General .4s-
srnably of the State of Ohio, That any person
of full age and sound memory, having en- in
terest in lands, tenements or hereditaments,
or any annuity or rent charged upon or issu-
ing out of the same, or any goods, chattels,
rights credits, chooses in action or p, ssession,
or any other property of any description What
ever, may give and devise the same to any
person, by last will and testament lawfully
executed; subject, nevertheless, TO the rights
of creditors, and to the provisions of this act,
and of AN act entitled san act to restrain the
entailment Of real estate.''
SEC. g Every last will and testament,
(exeept such as is mentioned in the seventy
fourth section of this act,) shall be in writing,
and signed at the end thereof, by the party
making the same, or by some other person in
his presence and by his express direction, and
shall be attested and subscribed in the pres
ence of such party, by two or more compe-
tent Witnesses. who saw the testator cub
scribe, or heard him acknowledge the same.
SEC, 8. Any will in writing, may be depos
tied, by the person making the same, or by
sume person for him, in the office of the judge
of the probate court, in the county in which
such testator lives. to be safely kept until de-
lvel ed or disposed Of as hereinafter provided;
and said probate judge, on being paid the fee
of one dollar therefor. shall receive and keep
such will. and give certificate of deposit
thereof.
Sec. 4. Every will intended to- be deposit
ed as aforesaid. shall be enclosed in sealed
wrapper, which shall have endorsed thereon
the name of the testator, and the said probate
Judge shall endorse thereon, the day when,
and the person by whom it was delivered;
and may also have endorsed the name Of any
person to whom it is to be delivered; and it
shall not be opened or read until delivered to
1. person entitled tosreceive the same, or 9TH
erwise disp 'sed o. as hereinafter provided.
Sec 5. Such will shall, during the life
time Of the testator, be delivered only to him.
self, or to some person anihnrized by him,by
on order in writing, duly proved by the oath
of a subscribing witness; and after his death,
it shall be delivered to the person named in
the Endorsement on the wrapper of the will,
if there be any person 30 named, who shall
demand it.
Sec. 6. If no person shall demand the will,
in pursuance Of such appointment, it shall he
publicly opened in the probate court. within
two months after notice of the death of the
festator. and shall be retaip ed in the office of
the probate Judge, until offered for probate;
rif the jurisdiction belongs to any other court,
it shal! be delivered u the executors or other
persons entitled to the custody of it, TO be pre-
sented for probate in such other court; and if
the jurisdiction of such will belongs to the pro-
bate Judge opening the same, he shall imme-
diateIy give notice to the executor or execu-
tors, if any are named in such will, and if
none are named therein, then to the other
persons Immediately interested, of the exist
ence of such will.
SEC. z. If any real or personal estate shall
be devised. .or bequeathed by the last will.the
executors of such will, orany person interest
ed therein. may cause the same to be brought
before the probate court of the county in
which such estate may Be, and the court may,
by citation, attachment or warrant, or it cir
cumstances require it. ny warrant or attach
meut in the first instance, compel the person
havlBg the custody or control of such will. to
produce it before the court, for the purpose
of beng proved.
SEC. 8. The process mentioned in the
preceding section, may be issued into any
county in the state, and shall be served and
returned by the sheriff, or other officer to
whom it may b- delivered:
SEC. 9. The officer to whom such process
may he delivered. shall be liable for neglect
in the service or return of such process, in
like manner rs she,iffs are, or may be by law
liable for neglect in not serving or returning a
capuss sued upon an Indictment.
SEC. 10. If thu person having the custody
or control of will, shall, without any reason
able cause, neglect or refuse to produce the
same for probate. after being duly cited for
that purpose, he may be committed to the
jail Of the cnunty, there to be kept in close
custody until he shnl produce the will. and
he shall be further liable to the act, of any
party aggrieved. for the damages which may
be sustained ny such neglect 'r refusal.
SEC. IL. II devise or bequest is given to
a person who is witness to the will, and the
will cannot otherwise be proved than by the
testimony Of such Witness, the devise or be-
quest shall be vo d. and the witness shall be
to give testimony of the executI.n
of the will, in like manner as if such devise or
brquest had not been made; and if such wit
ness would have been entitled to any share
of the testasor's estate. in case the will was,
not estab.i ished. SO much of such share as
shall not exceed the bequest or devise to him,
shall be saved to him; and the deVisees and
Iegatees shall contribute for that purpose ip