Page:1862 Territory of Dakota Session Laws.pdf/509

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
492
WILLS.
[CHAP. XC.

against his estate, in the same manner as if it had been his proper debt.

Sect. 37. The probate court may, by decree for that purpose, settle the amount of the several liabilities, as provided in the preceding sections, and decree how much and in what manner each person shall contribute, and may issue execution as circumstances may require; and the claimant may also have a remedy in any proper action or complaint in law or equity.

Sect. 38. Every will, when proved as provided in this chapter, shall have a certificate of such proof indorsed thereon or annexed thereto, signed by judge probate and attested by his seal; and every will so certified, and the record thereof or a transcript of such record certified by the judge of probate and attested by his seal, may be read in evidence in all courts within this territory without further proof.

Sect. 39. An attested copy of every will devising lands, or any interest in lands, and the probate thereof, shall be recorded in the registry of deeds of the county in which the lands thereby devised are situated.

Sect. 40. The word "executor" in this act shall be construed to mean an administrator with the will annexed, and the [word] "chapter" shall be construed to mean act, and the words "he," "him," and "his" shall be construed to mean she, her, and hers, as the case may be.

Sect. 41. This act shall take effect from and after its passage, and approval by the governor.

Approved May 13, 1862.
W. JAYNE, Governor.