10. When an instrument, in its true character, is only a will, but it is not properly attested, the fact that it has not been revoked or repudiated in life can give it no effect after death; M'Carty ». Waterman, 84-552. 11. A written contract, by which A agrees with B that, if the latter will maintain the former during life, "all the personal property of A shall, at his death, become the property of B", will not, on the death of A, transfer the property to B, unless attested as is required of a will, although such contract be not revoked or repudiated by A during life; M'Carty v. Waterman, 84-552. 2579. Who may have probate. No appeal lies from the action of the clerk in probating a will. Aliter as to the action of the court; Duckworth v. Hibbs, 38-78. 2584. How proved. The competency of an attesting witness will be presumed, until the contrary be shown. Proof, in the absence of a contest, of the genuineness of the signatures of the attesting witnesses and that they are dead or non resident of the state, or can not be found, and that they attested it at testator's request and that the subscribing witnesses, in person, wrote their own names in his presence suf. fices; Herbert v. Berrier, 81-4. 2587. Proof, how preserved. Express proof of the capacity of testator to make a will and of his freedom from coercion, when no contest is pending, is not required by this section. This, in the absence of proof, is presumed; Herbert v. Berrier, 81-5. ARTICLE 3-CONTEST. 2595. Objections to probate Continuance. After a judgment agains the valid ity of a will, in an action to resist the probate thereof, during the pendency of which action a special administrator was appointed, it is proper, for the court, to appoint a general administrator, although an appeal may be taken from such judgment. In such case, by the appointment of a general administrator, the court does not deprive itself of the power to instal the rightful executor in office should a judgment of reversal result in a final adjudication declaring the will valid and effectual; Hayes v. Hayes, 75-396! 2596. Complaint to contest. An action to contest the validity of a will is statutory. Either party may demand a jury; Deig v. Morehead, 110-454; Lamb v. Lamb, 105-456; Harris v. Harris, 61-117. 2. Change of venue is allowable; Rogers v. Howard, 4-325. 3. To give a court jurisdiction, of an action to contest the validity of a will, it is necessary that the testator shall have died or left assets in, or assets of the estate must have come in to, the county where such contest is made. Nevertheless, where the court is one of general jurisdiction—as the circuit court - the facts which give it jurisdiction of the subject of the action need not affirmatively appear on the face of the complaint. Its jurisdiction will be presumed, unless the contrary be shown; Lee v. Templeton, 73-322, following Kinnaman v. Kinnaman, 71-417 and Thomas v. Wood, 61-137. 4. Complaint to overthrow a will, which alleges, generally, that "the will has been admitted to probate unlawfully and without sufficient proof" is too vague and uncertain; Herbert v. Berrier, 81-7. 5. If such a complaint does not show a joint cause of action in several plaintiffs it is insufficient. It may be questioned, for such defect, by error assigned in the supreme court; Scott v. Farman, 89-581; see Harris v. Harris, 61-117. 6. Proceeding to set aside a will on the ground of testator's mental incapacity. The rule which allows the opinions of non expert witnesses to be given on the question of insanity is one of necessity. It rests on the proposition that there may be some thing in the looks, deportment and the like of the person, not describable in words, which may contribute to the conclusion that he is of unsound mind; Cline v. Lindsey, 110-341. 2598. Notice-Hearing. The provisions of section 409, as to the trial by the court of causes which were of equitable jurisdiction prior to June, 1850, do not apply to a proceeding to contest a will. In such proceeding there is a right to jury trial; Lamb v. Lamb, 105-457. 2. Action, to contest a will, dismissed by some of the plaintiffs. It stands as if it had been commenced by those who did not dismiss. A bond filed with a verified complaint is not annulled by such dismissal; Kinnaman v. Kinnaman, 71-417. 2605. Appeal to the supreme court. Section 655 repeals this section as to the assign ment of errors as to matters of fact in connection with the probate of wills.- Coffman v. Reeves, 62-334. 2. A mere clerical mistake in an assignment of error-as the use of one word for another-will not preclude the supreme court from considering and deciding the precise question which was, manifestly, intended to be presented thereby. -Landon v. White, 101-250. 3. Costs. In a proceeding to contest the validity of a will the taxation of costs, as between the parties, is very much within the discretion of the trial court. It is not error to allow costs to the party recovering the judgment.-Stevens v. Stevens, 127-568. 4. Record of decree establishing - Effect. This section fully secures the right to contest a will. (a) A person who with knowledge of the execution of the will-which disinherited her has prosecuted a claim against the estate of testator against the administratrix cum testamento annexo, to final judgment, for services rendered to the testator and for property converted by him is not estopped to deny the validity of the will. () To such a contest, where the estate consists of both real estate and personalty, purchasers of land from a devisee under the will assailed are properly made defendants. (c) In such a case no defense is presented by an answer setting up a final settlement and an order of court discharging the administratrix with the will annexed.-Roberts v. Abbott, 127-86. SEC. 2615. Officers. 2614. Incorporation. 2616. Meetings. 2617. Annual report. 2618. State fairs. 2620. May buy land. 2619. Expenses. ART. 2. County societies. ARTICLE 1-THE STATE BOARD. 2621. Purchases ratified. SEC. 2622. Exempt from tax. 2623. Yearly appropriation. 2623a. Lands exempt from execution. 2624. Room for specimens. 2625. May borrow and mortgage. 2628. Vacancies, how filled. [1 R. S. 1852, p. 98. In force May 6, 1853.] 2614. Incorporation. 4. The State Board, as at present constituted and organized, is hereby created a body corporate, with perpetual succession, in manner hereinafter described, under the name and style of the "Indiana State Board of Agriculture." 2615. Officers. 5. It shall be the duty of the State Board to appoint a president, secretary, and treasurer, and such other officers as they may deem necessary. The president shall have power to call meetings of the Board whenever he may deem it expedient. [1861, p. 1. In force July 5, 1861.] 2616. Meetings. 6. There shall be held in the City of Indianapolis, on the first Tuesday after the first Monday in January, annually, a meeting of the Indiana State Board of Agriculture, together with the president of each County Agricultural Society or other delegate therefrom duly authorized, who shall for the time being be ex officio members of the State Board of Agriculture, for the purpose of deliberation and consultation as to the wants, prospects, and condition of the agricultural interests throughout the State. And at such annual meeting, the several reports from the county societies shall be delivered to the president of the Indiana State Board of Agriculture; and the said presidents and delegates shall, at this meeting, elect suitable persons to fill all vacancies in said Board: Provided, however, That said election shall not affect the members of the Board present, whose term shall not be considered to expire until the last day of said session. [1 R. S. 1852, p. 98. In force May 6, 1853.] 2617. Annual report. 7. It shall be the duty of said Board to make an annual report to the General Assembly of the State of the receipts and expenditures of the Board, together with such proceedings of the State Board and reports from County Agricultural Societies, as well as a general view of the condition of agriculture throughout the State, accompanied by such recommendations as they may deem interesting and useful. 2618. State fairs. 8. The Indiana State Board of Agriculture shall have power to hold State fairs at such times and places as they may deem proper and expedient, and have the entire control of the same, fixing the amount of the various premiums offered, embracing every article of science and art, or such portions of them as they may deem expedient and proper, calculated to advance the interests of the people of the State. They may employ assistants, receive contributions, donations, etc., and unite with a county or district society for the purpose of defraying the expenses of said State fairs. 2619. Expenses. 9. The State Board of Agriculture shall certify to the Auditor of State the ordinary expenses of the Board proper, including the necessary personal expenses of their attendance on not more than two meetings in any one year. The Auditor shall audit the same, and, on his warrant, the Treasurer of State shall pay the same out of any money appropriated for agricultural purposes. [1865, p. 55. In force March 3, 1865.] 2620. May buy land. 1. The Indiana State Board of Agriculture is empowered to purchase and hold real estate, for the purpose of holding State fairs and other uses of the Board, to an amount not exceeding two hundred and forty (240) acres; and to sell any real estate it may hold, for the purpose of re-investing the proceeds in other real estate for the same general objects. [As amended, 1893 S., p. 149. In force May 18, 1893. 2621. Purchases ratified. 2. The purchases of real estate made by said Board, A. D. 1860, of William A. Otis and others, consisting of thirty-six acres of the north-west quarter of section thirty-six, township sixteen, range three east, in Marion county, are hereby ratified and confirmed; and the said Board is empowered to hold the same for the general objects of the Board: Provided, That nothing herein contained shall authorize said Board to hold more than eighty acres, as aforesaid. 2622. Exempt from tax. 4. The real and personal estate of said Board shall be exempt from taxation; and the County Treasurer of Marion county is authorized and required to pay to said Board the amount of taxes assessed and collected upon said real estate for said county, for the years 1862, 1863, and 1864; and the Treasurer of State shall refund to said State Board of Agriculture the amount of State taxes collected upon said real estate for the years aforesaid. 2623. Yearly appropriation. 4. The sum of ten thousand dollars ($10,000) annually, is appropriated for the use of the Indiana State Board of Agriculture, to be expended in the payment of premiums awarded by the said Board, to be paid out of the State Treasury upon the first day of April yearly and to be receipted for by the President, attested by the Secretary of the said Board. [As superseded by 1895 S., p. 141. In force March 7, 1895. [1901 S., p. 20. Approved February 14, 1901.] 2623a. Lands exempt from taxation. 1. That any part, parcel or tract of land not exceeding eighty acres and the improvements thereon, owned by county or district agricultural associations of this State, organized agreeably to the provisions of "An act for the encouragement of agriculture," approved February 17, 1852, shall be exempt from taxation: Provided, That when the same shall cease to be used or occupied exclusively for the purpose specifically set out in said act, approved February 17, 1852, or shall fail in any way to comply with the provisions thereof, the same shall cease to be exempt from taxation. [1859, p. 112. In force August 6, 1859.] 2624. Room for specimens. 2. The Governor is hereby directed to select a convenient room in the capitol, or in any building that may be erected by the State, if a suitable one can be found, and, if not, hire one suitable for the deposit and safe-keeping of such minerals, soils, ores, fossils, maps, sketches, etc., as may be collected and made by direction of said Board; which room shall be placed under the cou trol of said Board. [1881 S., p. 84. In force April 14, 1881.] 2625. May borrow and mortgage. 1. The State Board of Agriculture is hereby authorized and empowered to borrow the sum of sixty thousand dollars, at a rate of interest not exceeding six per cent per annum, and for security for the repayment of said sum, to mortgage its property in Marion county known as the State Fair grounds, and to apply the sum so borrowed to the payment of a like sum heretofore borrowed of one J. A. Hambleton, and to take up and destroy all notes, bonds, and mortgages given therefor. And the said Board shall have power to issue bonds to the above-named amount of sixty thousand dollars, and to make the said bonds payable ten years after date, but redeemable at the pleasure of said Board, on sixty days' notice after, five years from date. 2626. Deed of trust postponed. 2. To enable the said State Board of Agriculture to borrow said money, and to execute a satisfactory mortgage therefor, F. A. W. Davis, to whom the said Board has heretofore executed a trust-deed, to secure a repayment by said Board, to the State, of the sum of twenty-five thousand dollars, appropriated to the use of said Board by an Act approved March 10, 1877, in section one, item five of said Act, is hereby authorized and required to release, satisfy, and cancel said deed, and reconvey to said Board the interest described therein. And in lieu of such deed, the said Board shall execute a new deed of trust to said Davis, or, if the Governor and Attorney General so advise, to the Auditor of State; which new deed of trust shall be a lien on said State Fair grounds next after the mortgage provided for in the preceding section. 2627. Debt prohibited. 4. Said Board are hereby prohibited from borrowing money, or creating or contracting any further liability or debt, on the faith or credit of said property or any other property, or in any wise further incumbering the same with any lien or charge, except as heretofore in this Act provided. 1000 [1869 S., p. 120. In force May 3, 1809.] 2628. Vacancies, how filled. 1. Whenever any vacancy in the office of secretary, treasurer, or superintendent of the State Board of Agriculture shall occur by death, resignation, or otherwise, the same shall be filled by appointment by the president of said State Board of Agriculture; which appointee shall hold said office until some regular meeting of the State Board of Agricul ture. [1 R. S. 1852, p. 98. In force May 6, 1853.] 2629. Formation. 1. Whenever thirty or more persons, residents of |