14. Appeal-trial de novo. § 14. Appeals may be taken from the order of the county court, allowing or disallowing any will to probate, to the circuit court of the same county, by any person interested in such will, in the same time and manner as appeals may be taken from justices of the peace, except that the appeal bond and security may be approved by the clerk of the county court; and the trials of such appeals shall be de novo. [R. S. 1845, P. 564, § 138; Wild v. Sweeney, 84 Ill. 213. 15. Nuncupative will. § 15. A nuncupative will shall be good and available in law for the conveyance of personal property thereby bequeathed, if committed to writing within twenty days after the making thereof, and proven before the county court by two or more credible, disinterested witnesses, who were present at the speaking and publishing thereof, who shall declare, on oath or affirmation, that they were present and heard the testator pronounce the said words, and that they believed him to be of sound mind and memory; and that he or she did at the same time, desire the persons present, or some of them, to bear witness that such was his or her will, or words to that effect; and that such will was made in the time of the last sickness of the testator or testatrix; and it being also proven by two disinterested witnesses, other than those hereinbefore mentioned, that the said will was committed to writing within ten days after the death of the testator or testatrix; and no proof of fraud, compulsion or other improper conduct be exhibited, which, in the opinion of said court, shall be sufficient to invalidate or destroy the same; and all such wills, when proven and authenticated as aforesaid, shall be recorded in like manner as other wills are directed to be recorded by this act: Provided, that no letters testamentary shall be granted on such will, until the expiration of sixty days after the death of the testator or testatrix. [R. S. 1845, P. 538, § 9; Harrington v. Stees, 82 Ill. 50; Morgan v. Stevens, 78 III. 287; Weir v. Chidester, 63 Ill. 453; McCullom v. Chidester, 63 Ill. 477; Arnett v. Arnett, 27 Ill. 247. 16. Citation and notice to heirs, etc. 16. In all cases where a nuncupative will shall be proved and recorded as aforesaid, the court shall issue a citation to the heirs and legal representatives of the testator or testatrix, if they reside in the county, if not, then said court shall cause an advertisement to be inserted in some one of the newspapers printed in this State, notifying the said heirs and legal representatives of the testator or testatrix, at what time and place letters testamentary will be granted upon such will, requiring them and each of them to appear and show cause, if any they have, why letters [*1105] testamentary should not be granted; and if no sufficient cause be shown, letters shall be granted thereon, as in other cases. [R. S. 1845, P. 539, § 10. 17. Manner of revoking will. 17. No will, testament or codicil shall be revoked, otherwise than by burning, canceling, tearing or obliterating the same, by the testator himself, or in his presence, by his direction and consent, or by some other will, testament or codici in writing, declaring the same, signed by the testator or testatrix, in the presence of two or more witnesses, and by them attested in his or her presence; and no words spoken shall revoke or annul any will, testament or codicil in writing, executed as aforesaid, in due form of law. [R S. 1845, P. 539, § 15; In re Tuller, 79 Ill. 99; Wolf v. Bollinger, 62 Ill. 368; Dickie v. Carter, 42 Ill. 376. 18. Wills to remain with clerk-copies evidence. § 18. All original wills, together with the probate thereof, shall remain in the office of the clerk of the county court of the proper county; and copies of the record of the same, and copies of the record of exemplifications of foreign wills recorded in said office, as in this act provided, duly certified under the hand of the clerk and the seal of said court, shall be evidence in any court of law or equity in this State. [R. S. 1845, P. 549, § 16; I. L. & L. Co. v. Bonner, 75 Ill. 315. 19. Debtor as executor. 19. 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 executrix, shall such appointment operate as a release or extinguishment of any debt due from such executor or executrix, to such testator, or testatrix, unless the testator or testatrix shall, in such will, expressly declare his intention to devise, bequeath 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. [R. S. 1845, p. 539, § 12. 20. Creditor as witness. $20. If any lands, tenements or hereditaments shall be charged with any debts, by any will, testament or codicil, and the creditor whose debt is so secured shall attest the execu tion of the same, such creditor shall, notwithstanding, be admitted as a witness to the execution thereof. [R. S. 1845, p. 545, § 43. 21, repeal, omitted. See "Statutes," ch. 131, § 5. AN ACT authorizing counties to give a bounty on wolf scalps. [Approved May 18, 1877. In force July 1, 1877. Laws 1877, p. 217. 1. Bounty on. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the county board of any county in this State may hereafter allow such bounty on wolf scalps as said board may deem reasonable, said bounty to be paid out of the treasury of the county wherein said wolf or wolves were killed, upon the certificate of the clerk of the county board. 2. Allowance to be entered of record. § 2. When the county board of any county shall determine upon the allowing of a bounty on wolf scalps, for any one year, they shall enter an order upon their record setting forth the amount of such allowance. 3. Scalp to be produced. § 3. The person claiming a bounty shall produce the scalp or scalps, with the ears thereon, and within sixty days after the same shall have been caught, to the clerk of the county board wherein such wolf or wolves may have been caught and killed, whereupon the clerk of said board shall administer to said person, the following oath or affirmation, to-wit: You do solemnly swear (or affirm, as the case may be), that the scalp or scalps here produced by you was taken from a wolf or wolves killed and first captured by yourself within the limits of this county and within the sixty days last past. Which oath or affirmation shall be subscribed by the affiant. 4. Duty of clerk. § 4. It shall be the duty of the several clerks of the county boards to keep a record of the amount of certificates issued as a premium for wolf scalps, to whom, and at what date, and lay the same before the board at its regular annual meeting in each year. INDEX. ABANDONMENT. of child-penalty, 439, § 1a. effect of, upon dower, 552, § 15. by lessee of premises, 921, § 33. ABATEMENT. Ch. 1, 37, SS 1-26. insufficient plea-costs, 37, § 2. non-joinder of defendants when suit may proceed, 38, § 6. second plea not allowed, 38, § 8. death of sole plaintiff, 38, § 10. reviving suit, 38, § 10. death of part of plaintiffs or de- 39. 12. amendable, 98, § 11. of nuisances, 494, § 222. of child, 439, § 2. of crime accessory before fact, of escape of prisoner, 459, § 84; death of all plaintiffs or defend- ABOLISHED. city register's office, 218, 14. |