The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1852-07-28

visees and legatees shall contribute for
that purpose in the mode directed in the
forty.first section OF this act.
SEC. IT, The said court shall cause the
witnesses to such will, and such other wit
nesses as any person interested in having
the same admitted to probate, may desire,
to come before such court; and said wit.
nesses shall be examined in open court.
and their testimony reduced 10 writing, and
filed.
Sec. I3. If shall appear to the court.
whom the will is offered for probate, that
any witness thereto is gone TO parts un.
known; or il the Witnesses TO will were
competent, at tho time Of attesting its exc.
cution. and afterwards become incompe.
tent, the will may be admitted to probate,
and allowed, upon such proof as would be
satisfactory, and in like manner as il such
absent or incompetent Witnesses were
dead.
SEC. IA. Tho court may issue commits.
sion, with the will annexed, directed TO
any suitable person or persons. to take the
deposition Of any witness to will, who
resides out Of the jurisdiction Of the court,
or who resides within it, and is infirm and
unable 10 attend court; and every deposit
ton so taken, certified and returned, by
any one or more Of the persons named in
such commission. shall be as valid as ifta-
ken in open court.
SEC. Is. Ifit shall appear that such will
was duly attestsd and executed. and that
the testator, at 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 to probate.
SEC. l6. Every will when admitted to
probate as above mentioned, shall be filed
in the Office OF the probate judge. and re-
corded, together with the testimony, by said
judge or his clerk. in book which shall
be kept by him for that purpose.
SEC. II. A COPY Of such recorded will.
with copy Of the order Of probate annex.
ed thereto, certified by the said judge Of
probate, under seal OF his court, shall be
as effectual in all cases. as the original
would bs, if produced and established by
proof.
Sec. 1e. If real estate devised by will.
is situate in any other county than that in
which the will is proved, an authenticated
copy Of the will and order Of probate. shall
be admitted 10 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 shall
have the same validity therein. as If pro-
bate had been had in such county.
SEC. 10. If no person interested, shall,
within two years after probate had. appear
and contest the validity OF the will, the
probate shall be forever binding. saving,
however, married women. and persons alb.
sent from the State. or Of insane mind, or
in captivity, the like period, after the re-
spective disabilities are removed.
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.
SEC. FL. In snch suit in chancery. an is.
sue shall be made up, whether the writing
produced be the last will Of the testator or
not. which shall be tried by jury. whose
verdict shall be final between the parties,
unless the court shall gran, new trial. or
the cause be appealed TO the district court.
SEC. 22. The order OF probate shall be
prima facis evidence, on the trial of said
issue. Of the due attestation, execution and
validity Of said will.
SEC. 93. A certified copy Of the testimo.
nv Of such Of the Witnesses examined up
on the original probate, as are out Of the
jurisdiction Of the court. dead, or have be-
come incompetent since the probate, shall
be admitted in evidence upon such trial.
Sec "a. In all suits in the court Of com.
mon pleas in which any will may be con-
tested, appeals may be had from the final
decrees rendered therein. as in other suits
in chancery, to the district court; and said
district court shall, on the application Of
either party in the trial Of such contested
will. direct tho issue that was tried in the
court below, to be retired by jury, in
said district court, in the same manner as
is provided by law. in such cases, in the
court Of common pleas.
SEC. 25. The rights Of infants, married
women, or persons absent from the State,
or ofinsane mind, or in captivity, shall not
be concluded by the verdict Of the jury, or
the decree Of the court thereon, nnentionr
ed in the twenty first and twenty-fourth
sections Of this act; but such persons may.
within two years after their respective dis
abilities are removed, and not thereafter,
contest by bills in chancery, and in the
manner provided in the five preceding
sections ofthis act, the said verdict and
decree. 9 s&j, gs3eega
SEC. 26. Authenticated copies Of wills,
executed and proved according to the laws
Of any State or territory Of the United
States, relative to any property in the State
Of Ohio, may be admitted to record in the
probate court Of any county in this State,
where any par, Of such property may be
situated; and such authenticated copissso