proval or condemnation of weights and

measures.

Inspection, ap- traffic shall, within ninety days after the reception of the standards by said commissioners, have their balances, weights and measures compared with said standards of their respective counties, and approved and marked by the county inspector, and if the same are found to be correct to be sealed with the name or initial letters of the county inscribed thereon, or condemned by him if found incorrect.

Appointment of inspectors of weights and

measures.

Fees of inspector

Furnishing tools, marks and brands for inspector.

Punishment for weighing or measuring

dise, water, etc.,

2782. SEC. 6. That on the first regular meeting of the board of county commissioners in each county in this state, after the passage of this chapter, and thereafter annually, on the first regular monthly meeting of every year, said county commissioners shall appoint a fit and proper person. who shall be styled inspector of weights and measures, and shall give bond to the county for the faithful performance of the duties of his office, as said commissioners may direct.

2783. SEC. 7. That each county board shall make out a list of fees to be charged by said inspector, which fees when charged shall be recoverable in any court, as any other debt or account is recovered.

2784. SEC. 8. That it shall be the duty of each county board, as aforesaid, to furnish to each inspector all the necessary tools, marks and brands, which he may require, to be paid for out of the county funds.

2785. SEC. 9. All persons, for the purpose of weighing or measuring goods, wares, merchandise, water or goods, merchan other articles of traffic, actually sold by him, not in accordnot in accord- ance with this chapter, shall be deemed guilty of a misde meanor, and upon conviction thereof, may be imprisoned not exceeding one year, or fined not exceeding one thousand dollars, at the discretion of the court in which the conviction shall be obtained.

ance with this chapter.

2786. SEC. 10. Whenever it shall come to the knowl edge of the inspector that any person within his county has violated any of the provisions of this chapter, it shall be his duty to enter a complaint against him before some magistrate having jurisdiction of the offense thereof, to the end that the offender may be punished and fined according to this chapter.

fines collected.

2787. SEC. II. All fines imposed and collected for the Disposition of violation of the provisions of this chapter, shall be paid nto the county treasury for the use of the people of the county in which the offense was committed.

CHAPTER CIII.

WILLS, EXECUTORS AND ADMINISTRATORS.

[Revised Statutes, Chapter XC.]

OF WILLS AND THE PROBATE THEREOF.

Who may de

who personal

2788. SECTION 1. Except as provided in the chapter oncerning married women, every person aged twenty-one vise real and ears, if a male, or eighteen years, if a female and not personal estate; married, being of sound mind and memory, shall have estate only. ower to devise all the estate, right, title and interest in ossession, reversion or remainder, which he or she hath, at the time of his or her death shall have, of, in and to y lands, tenements, hereditaments, annuities or rents harged upon or issuing out of them, or goods and chatls and personal estate of every description whatsoever, y will or testament; all persons of the age of seventeen ears, and of sound mind and memory, shall have power

ture and attestation of wills.

dispose of their personal estate, by will or testament. 2789. SEC. 2. All wills, by which any lands, tene- Reducing to ents, hereditaments, annuities or rents, are devised, shall writing signareduced to writing, and signed by the testator or testax, or by some one in his or her presence, and by his or er direction, and attested in the presence of the testator testatrix, by two or more creditable witnesses.

2790. SEC. 3. A nuncupative will made and declared Nuncupative

denced and

the last sickness of the testator, in the presence of two wills; how evitnesses of good character, called by the testator to attest established. e same, and by them reduced to writing within a reasonle time after the speaking thereof, and proved in the anner hereinafter mentioned, shall be good and available law for the devising of personal estate.

Revocation of

made.

2791. SEC. 4. No will, other than a nuncupative will wills; how to be shall be revoked otherwise than by burning, tearing or ob literating the same, by the testator himself, or in his presence by his direction and consent, or by some other will or codicil in writing, declaring the same, signed by the testator or testatrix in the presence of two or more witnes ses, and by them attested in his or her presence, and no words spoken shall revoke or annul any will in writing, executed as aforesaid in due form of law.

Devise to attest

unless will other

attested; such

tent to give tes

ness entitled as

to be saved to

him.

2792. SEC. 5. If any beneficial devise, legacy or intering witness void est shall be made or given in any will, testament or codicil, wise sufficiently to any person subscribing such will as a witness to the witness compe- execution thereof, such devise, legacy or interest shall, as timony; if wit- to such subscribing witness and all persons claiming under heir, his portion him, be null and void, unless such will be otherwise duly attested by a sufficient number of witnesses exclusive of such person, according to this chapter; and he or she shall be compellable to appear and give testimony on the residue of such will, in like manner as if no such devise or bequest had been made; but if such witness would have been entitled to any share of the testator's estate in case the will was not established, then so much of such share shall be saved to such witness as shall not exceed the value of the said devise or bequest made to him or her as aforesaid.

Attesting wit

d.bt is secured

by the will,

2793. SEC. 6. If any lands, tenements or hereditaness to whom a ments shall be charged with any debts, by any will, and the creditor whose debt is so secured, shall attest the execution of the same, such creditor shall, notwithstanding, be admitted as a witness to the execution thereof.

competent as a witness.

Appointment of a debtor as executor of will

not to release

debt, unless so

2794. SEC. 7. In no case hereafter, within this state, where any testator or testatrix shall, by his or her will appoint his or her debtor to be his or her executor or execdeclared in will. utrix, shall such appointment operate as a release or extinguishment of any debt, due from such executor or execu trix to such testator or testatrix, unless the testator or tes tatrix shall, in such will, expressly declare his or her intention to devise or release such debt, nor even in that case. unless the estate of such testator or testatrix is sufficient to

discharge the whole of his or her just debts, over and above the debt due from such executor or executrix.

Share of posthu

testator for

vision is made in

2795. SEC. 8. If, after making a last will, a child or children shall be born to any testator or testatrix, and no mous child of provision be made in such will for such child or children, whom no prothe will shall not, on that account, be revoked; but unless will. It shall appear by such will that it was the intention of such estator or testatrix to disinherit such child or children, the devise and legacies by such will granted and given, shall be abated in equal proportions, to raise a portion for such child or children, equal to that which such child or children would have been entitled to receive out of the estate of such testator or testatrix, if he or she had died intestate. 2796. SEC. 9. Whenever a devisee or legatee in any ast will, being a child or grandchild of the testator or tesatrix, shall die before such testator or testatrix, and no provision shall be made for such contingency, the issue, any there be, of such devisee or legatee, shall take the estate devised or bequeathed, as the devisee or legatee would have done had he or she survived the testator or tesatrix; and if there be no such issue, at the time of the Heath of the testator or testatrix, the estate disposed of by such devise or legacy shall be considered and treated in all espects as intestate estate.

if

In case of death

of legatee,

being the child

grandchild of

testator, what

disposition to be

made of devise.

presented for

2797. SEC. 10. The person having in possession any Within what ast will, shall, within ten days after the death of the testa- time will to be or or testatrix, or as soon thereafter as the decease of such probate. estator or testatrix shall come to his knowledge, present he same to the county court of the proper county for pro

ate.

Proceedings in

creted or with

ment therefor.

2798. SEC. II. If any credible person shall file with he county court his complaint on oath, showing that any case will is seerson hath in possession, or that there is good reason to held; punishelieve that such person hath in possession, the last will of ny person deceased, whereof such court hath jurisdiction o receive the probate, and secretes or wilfully withholds he same, such court shall issue an attachment against the erson so alleged to withhold or secrete such will, and pon the arrest of the person accused, may examine him or er touching his or her having in possession such will, and

Punishment for altering, de

withholding the same, and may hear other evidence touchthe same matter; and if it shall appear that such person hath in possession and wilfully withholds such will, he or she shall be punished as for a contempt of court, by fine not exceeding five hundred dollars, and by imprisonment until he or she will produce such will, or account therefor to the satisfaction of the court.

2799. SEC. 12.

If any person to whom a will hath stroying or wil. been or shall be delivered by the party making it, for safe

fully withhold

ty to civil action for damages.

ing will: liabili- custody as aforesaid, shall alter or destroy the same without the direction of the said party, or procure or willingly suffer the same to be done, or shall wilfully withhold it for the space of six months after the death of the testator or testatrix shall be known to him or her, the person sc offending shall, on conviction thereof, be fined in not less than one hundred dollars nor more than one thousand dollars, and imprisoned in the penitentiary for a term not less than six months, nor exceeding five years, and such person so convicted shall, moreover, be liable in a civil action to any legatee named in such will, for any damages which he or she may have sustained by reason of such destruction, alteration or withholding.

In what county

2800. SEC. 13. If any testator or testatrix shall have will to be proved a mansion, house or known place of residence, his or her will shall be proved in the county court of the county wherein such mansion, house or place of residence shall be. If he or she has no place of residence, and lands be devised in his or her will, it shall be proved in the county court of the county wherein the lands lie, or in one of them where there shall be land in several different counties; and if he or she have no such known place of residence, and there be no lands devised in such will, the same may be proved either in the county where the testator of testatrix shall have died or that wherein his or her estate, or the greater part thereof, shall lie.

Who to be sum

at probate of

2801. SEC. 14. Upon the production of any last wi moned to attend for probate, the court shall ascertain from the will and from will; manner of such other satisfactory evidence as may be produced, the names and places of residence of the widow, or husband and heirs at law of the testator or testatrix, and who of

serving citation.