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SEÇ. 65. When a last will and testament is admitted to In case of de probate, or a will made out of this state is admitted to record who is a d as hereinbefore provided, and any lands, tenements or hered. see, &c. itaments, 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 namned, die, refuse to act, or neglect to take upon themselves the execution of the will, then all sales and conveyances 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 residue of the executors had joined in the sale and conveyance; but if none of the executors named in such will, take upon themselves the execution thereof, or if all the executors who take out letters testamentary, die before the sale and conveyance of such estate, or die after the sale and before conveyance is made, the sale or conveyance, or both, shall be made by the administrator with the will annexed.

Sec. 66. When two or more trustees are appointed by will, Death of a t to execute a trust, and one or more of them die, the survivors may execute the trust, unless the terms of the will express a contrary intention.

Sec. 67. If such will has not provided for the contingen-judge mayo cy of the death, incapacity or refusal of such trustee or trustees point a pe to accept or execute the trust, the probate court having probate

& of said will, may appoint some suitable person or persons to execute the trust, according to the will, who shall give bond with security, as provided in the sixty-ninth section of this act.

Sec. 68. Trusts created by a will made out of this state, and relating to lands situate in this state, may, after the will is out of the 8 duly admitted to record in this state, be executed as hereinafter provided.

Sec. 69. If a trustee is named in such foreign will, he execute the trust, upon giving bond to the state of Ohio, in such to give b sum and with such sureties as shall be approved by the probate court of the county in which said lands, or any part thereof, are situate, conditioned to discharge with fidelity the trust re. posed in him; Provided, that when the testator in the will naming the trustee, shall have ordered or requested that bonds should not be given by said trustee, the bond shall not be required, unless from a change in the situation or circumstances of the trustee, or for other

sufficient cause, the court of probate shall think proper to require it.

Sec. 70. If a trustee has been appointed by a foreign court Festiceapp according to the laws of the foreign jurisdiction, he may exe- court cute the trust, upon giving bond as provided in the preceding section, and satisfying the probate court of the county in which such lands, or any part of them, are situate, by an authentica

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ted record of his appointment, that he has been duly appointed trustee to execute the trust.

Sec. 71. The court of common pleas of the county where appoint a the property affected by the trust is situated, may, when ne

cessary, on application by petition of the party or parties interested, appoint a trustee to carry into effect a trust created by a foreign will; which trustee, before entering upon his trust, shall give bond, with such security, and in such amount, as such court shall direct.

Sec. 72. Every father may, by his last will in writing, apa guardi. point a guardian or guardians, for any of his children, whether

born at the time of making the will, or afterwards, to continue during the minority of the child, or for a less time; and every such testamentary guardian shall have the same powers, and shall perform the same duties with regard to the person and the estate of the ward, and be subject to removal for the same causes, as a guardian appointed by the court of probate, subject to the provisions of the will.

Sec. 73. Every such testamentary guardian shall give ond, &c. bond, in like manner and with like conditions, as is required of

a guardian appointed by the probate court; Provided, that when the testator, in the will appointing the guardian, shall have ordered or requested that such bond should not be given, the bond shall not be required, unless, from a change in the situation or circumstances of the guardian, or for other sufficient cause, the court of probate shall think proper to require it.

Sec. 74. A verbal will, made in the last sickness, shall be valid in respect to personal estate, if reduced to writing, and subscribed by two competent disinterested witnesses, within ten days after the speaking of the testamentary words; and if it be proved, by said witnesses, that the testator was of sound mind and memory, and not under any restraint, and called upon some person present, at the time the testamentary words were spoken, to bear testimony lo said disposition as his will.

Sec. 75. No noncupative will shall be admitted to record, 1. to pro- unless the same shall be offered for probate, within six months

after the death of the testator.

Sec. 76. The expense of proving and recording wills, shall be paid by the party at whose instance the same is done; and the witnesses and officers shall have the like fees for atten

dance and services, as in other cases. tions, &c.

Sec. 77. Every word in this act, importing the masculine gender, may extend and be applied to females, as well as males; and every word importing the singular number only, may extend and be applied to several persons or things, as well as to one person or thing; and every word importing the plural number only, may extend and be applied to one person or thing, as well as to several persons or things; Provided, that

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no female, during her coverture, or life of the father of her child or children, shall, by virtue of this act, be authorized and empowered to appoint a testamentary guardian for any child she may have; and provided further, that a suit instituted under the provisions of this act, to contest a will, shall be brought in the county in which the same was proven, and admitted to probate.

Sec. 78. The term “ will,” in this act, shall be construed Wills"="codto include codicils as well as wills. Sec. 79. The act entitled an act relating to wills, passed Acts repealed.

. March twenty-third, one thousand eight hundred and forty, the several acts to amend said act, passed March tenth, one thousand eight hundred and forty-three, February_twentyeighth, one thousand eight hundred and forty six, February twenty-second, one thousand eight hundred and forty-eight, March twentieth, one thousand eight hundred and forty-nine, and March seventeenth, one thousand eight hundred and fiftyone, be and the same are hereby repealed; Provided, that all rights that have accrued under the provisions of said laws, shall not be affected by the repeal thereof.

Sec. 80. This act shall go into effect on the first of June next.

Speaker of the House of Representatives.


President of the Senate, pro tem. May 3, 1852.


To regulate the election of State and County officers.

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Sec. 1. Be it enacted by the General Assembly of the State Officers of Ohio, That all elections hereafter to be holden, for Governor, Lieutenant Governor, Secretary of State, Auditor of State, Treasurer of State, Attorney General, Judges of the Supreme Court, Judges of the Court of Common Pleas, Members of the Board of Public Works, Probate Judge, Clerk of the Court of

Blection dis. ricts, &c

Ballot boxes to e provided by heriff, &c.

Common Pleas, Sheriff, Coroner, County Auditor, County Commissioners, County Treasurer, County Recorder, County Surveyor, Prosecuting Attorney, Senators and Representatives to the General Assembly, Judge of the Criminal Court of any county, and Representatives to Congress, shall be held and conducted in the manner prescribed in this act.

Sec. 2. That each township in the several counties, shall compose an election district, unless such township is now, or shall hereaster be divided, by law, into more districts than one; the election to be held at such place in such township or district, as the trustees in each township shall direct; and each ward of any city, that is or may be divided into wards, shall compose an election district; the elections therein to be held at such places as the members of the city council for their respective wards, shall direct; and in all elections holden under this act, they shall serve as judges, and perform the duties required of township trustees in like cases.

Sec. 3. That the sheriffs of the several counties, shall cause to be provided, at the expense of the county, a ballot box for each township and election district, which may be destitute of the same; and cause it to be deposited with the township clerk, whose duty it shall be to preserve the same, for the use of the elections, and carry said ballot box, with a copy of the laws containing this act, to the place or places of holding elections in his township, as often as it may be necessary to meet and vote for officers under this act.

Sec. 4. That it shall be the duty of the sheriff, and he is proclama.

hereby required, fifteen days at least before the holding of any general election, or ten days before the holding of any special election, to give public notice by proclamation, throughout his county, of the time of holding such elections, and the number of officers at that time to be chosen; one copy of which shall be posted up at each of the places where the elections are appointed to be holden, and inserted in some newspaper publish

ed in the county, if any be published therein. pening and Sec. 5. That at all elections to be holden under this act, the

polls shall be opened between the hours of six and ten in the morning, and closed at six in the afternoon, of the same day.

Sec. 6. That at all elections to be holden under this act, the trustees of the several townships shall serve as judges, and the clerk of the township, and such other person as the judges shall choose, shall serve as clerks of the election, who, together with the judges aforesaid, shall receive two dollars per day, each, as a compensation for their services, to be paid out of the treasury of the proper county.

SEC. 7. That if either of the trustees, common councilmen, or clerk of any township, shall fail to attend at the time and place of holding elections, or if either of them should be a can

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didate, then it shall be the duty of the electors present, to choose, viva voce, suitable persons, (as the case may require,) having the qualifications of electors, to act as judges or clerk, (as the case may be,) of the election; and previous to any votes being received, each judge and clerk, not being a trustee or clerk of the township, shall take an oath or affirmation, which may be administered by a justice of the peace, trustee, or clerk of the township, in the following form: “ You, A. B., do solemnly swear, (or affirm, as the case may be,) that you will perform the duties of judge or clerk of this election, (as the case may be,) according to law, and the best of your abìlities; and that you will studiously endeavor to prevent fraud, deceit, or abuse, in conducting the same.”

Sec. 8. That if any trustee, common councilman, or town. Forfeiture ship clerk, shall refuse to discharge the duties imposed by law, or if those who may be chosen to act in their stead, shall refuse to act; the person so offending shall forfeit and pay a sum not exceeding ten dollars, for the use of the county in which he or they may reside, to be recovered, with costs, before any justice of the peace of the township, in an action of debt.

Sec. 9. That each elector shall, in full view, deliver to one Vote by single of the judges of the election, a single ballot or piece of paper, on which shall be written or printed, the names of the persons voted for; with a pertinent designation of the office which he or they may be intended to fill. Sec. 10. That the judge to whom any ticket shall be de. Judges to re

ceive vote, &c. livered, shall, upon the receipt thereof, pronounce with an au-dible voice, the name of the elector; and if no objections be made to him, and the judge be satisfied that the elector is a citizen of the United States, and legally entitled, according to the constitution and laws of this state, to vote at the election, he shall immediately put the ticket in the box, without inspecting the names written thereon; and the clerks of the election shall enter the name of the elector, and number, in the poll books, agreeably to the form pointed out in the eighteenth section of this act. Sec. 11. That at the close of the polls, the poll books shall Poil books to be

attested be signed by the judges, and attested by the clerks; and the voters counted. names therein contained shall be counted, and the number set down at the foot of the poll books, in the manner hereinafter provided, in the form of the poll books.

Sec. 12. That after the poll books are signed, in the man- How votes shall ner hereinafter contained, in the form of the poll books, the ballot boxes shall be opened, and the ballots or tickets therein contained, shall be taken out, one at a time, by one of the judges, who shall read distinctly, while the ticket remains in his hand, the name or names therein contained, and then deliver it to the second judge, who shall examine the same, and pass it to the third judge, who shall string it on a thread, and care

be .

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