The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1852-06-25

the knowledge Of the courI, at any time
within one year after the death Of the
tes,a,or, TO appoint some suitable person
10 ascertain the value OF the provision
made by said tesiator for her in bis will,
in lieu Of ihe provisions made BY law,
and the value OF her rights by law in the
estate Of her husband; and IL the cour,
shall be satisfied, on the coming in Of the
report Of the person appointed TO make
such Investigation, that the provision
made by the testa,or for his widow, as
aforesaid, in his will, is more valuable
and better for her than the provision by
law, said court shall enter upon ts mi
mute book, an election for said insane or
imbecile widow, that she, by virtue ofthe
proceeding herein provided for by the
court, elects TO take under the will Of her
husband, which election, when so made,
shall have the same force and effect as
provided 10 section foi,y-four.
Sec. Al. That the several courts Of
probate, within this state, shall have fnll
power and authority TO admit to probate,
any last will and testament which such
court may be satisfied was duly executed
according to the provisions Of the act
upon that subject. in force at the time OF
the execution Of such last will and tes-
lament, and not revoked at the death OF
The testaior, where such original will has
been lost, spoliated or destroyed, subse-
quently 10 the death Of such testator,
and CANNOT be Produced in court in as
full, ample and complete manner, as
such courts now admit to probate, last
wills and iestamen,s, The originals Of
which, are actually produced in court TO-
probate.
Sec. 4s. In all cases where applica-
lion shall be hereafter made 10 the pro-
bate court, 10 admit to probate will
duly executed, as Aforesaid. and which
has been lost, spoIiated or destroyed, as
aforesaid, it shall be the duty OF the par
ty seeking TO prove the same, TO give a
written notice to all persons whose inter
es, il may be TO resist the probate, and
who reside in the county where the tes-
,ator resided at the time Of his death, or
to their agent or attorney, five days be-
fore the day on which such proof isto be
made, o, 10 give notice, BY publication in
newspaper printed in the county, thlr-
" davs before the day sol for hearing
such proof. r. :.
Sec. 40. In all such cases, the said
cour. shall cause the witnesses to such
will SO executed and lost, spoliated or
DESTROYED, and not revoked, and such
other witnesses as any person interested
in having such will admitted 10 probate,
NAV desire, TO come before such court.
and said witnesses shall be examined by
said probate Judge, and their testimony
reduced 10 writing, and filed by him m
his court; Provided, that in all cases
where it may be necessary SO 70 do, in
consequence Of Witnesses residing out
of the jurisdiction Of said court, or who
reside within such jurisdiction and who
are irfirm or unable 10 attend court, the
court may order the testimony OF such
witnesses to be taken and reduced to
writing by some competent person, which
testimony shall also be filed in such pro-
bste court. m f e ylrrt il
Sec, so. If the court, upon such
proof, shall be satisfied that such las,
will and testament, was duly executed
in the mode provided by the law in force
at tie time of its execution, that the
contents thereof are substantially proven,
and that the same was unrevoked at the
death Of the testator. and has been lost,
spoliated or destroyed, subsequently TO
the death of such testator such court
shall find and establish ,he contents oil
such will, as near as the same can be
ascer,ained, and cause the same, and the
testimony taken in the case, TO be recor-
ded in said court.
Sec. 81. The contents Of any such
last will and testament so found, estab-
lished and admitted 10 probate, as afore-
said shall be as effeciual 10 pass real and
ne rsonal estate, and for all other purPo--
ses. as if The original will had been ad-
mitted to probate and record, according
10 The provisions Of this act; and such
wills shall, in all respects, be governed
by the laws in force relating 10 other
wills, not only as relates to the contest
Of The same but in all other matters.
Sec. SO. The title Of any bona fide
purchaser, without knowledge Of will,
10 apy lands situated in this State, de-
rived from tue heir or heirs Of any per-
son not a resident Of this State at the
time of his or her death, shall not De
defeated by the production Of the will Of
such decedent, unless such will shall be
offered for record in this State, within
four wears from the final probate and es-
iablishmen, Of such will, in the State or
territory in which il may have been ad-
mitted 10 probate; Provided, that the
rights Of infants, married women, or per-
sons Of insane mind and memory, shall
not be concluded by any delay or failure
to record such will 10 this State, until
r. n :. Alaa hi H