after they shall have become capable; except when real estate is claimed. In such cases, when the disability is removed within less than ten years of the expiration of the twenty-one years, only ten years' time is allowed to commence an action, after such persons shall have become capable.

10. There are sundry other provisions relating to the commencement of suits, for a knowledge of which, reference must be had to the statutes of the state.

CHAPTER XXVII.

Of Rights.-The Right of Property; Title to Real Estate.

1. In the foregoing chapters we have given a general description of the government of the state of Ohio, and have seen how its important affairs are conducted; how the several departments, legislative, executive, and judicial, are organized; and what are the powers and duties of the dif ferent classes of officers in these departments. We have seen in all this, how well our government is adapted to secure to the people the free exercise and enjoyment of their rights.

2. Every citizen should not only know how the laws are made and administered; he ought also to know what the laws are by which he is to be governed. Some of these laws have necessarily been given in connection with the description of the government and the duties of its numerous officers. But a more extensive knowledge of the laws is necessary. Without such knowledge, a person cannot well maintain his own rights, nor duly discharge the duties he owes to his fellow-citizens. I shall therefore proceed to give an abstract of the laws in general which more particularly define the rights and prescribe the duties of citizens in the social and domestic relations.

3. The rights of citizens are either rights of person or rights of property. By the rights of person, or personal

What in such cases when real estate is claimed?

1. What has been treated of in former chapters? 2. Why ought eitizens to understand the laws? 3. What are the rights of person?

rights, we mean the right to be free to think, speak, and act as we please, and the right to be secure from injury to our bodies or persons, and our good names. The right of property is the right to acquire, hold, and enjoy property. All laws may therefore be considered as being intended to secure either the one or the other of these classes of rights.

4. The rights of citizens are secured by laws. These laws are, first, statute laws, the laws enacted by the lawmaking power of the state, called also the written law, being always written or printed; and secondly, the common law, which consists of rules that have become binding by long usage and established custom. The common law of this country is the same as that of England, having been introduced and established here while the people were subject to that country; and it is still considered the law in all cases where no law has been made to the contrary.

5. Every citizen of the United States may hold lands within this state, and take the same by descent, devise, or purchase. To take land by descent, is to obtain it by inheritance. When a person dying, makes no previous disposal of his property, it falls, or descends, by right. to his children or other relatives: hence they are said to become heirs to the property by descent.

6. But a person may direct his property to be given, after his death, to whomsoever he pleases. This is called devising property, or bequeathing it; and the person receiv. ing the property is said to have acquired it by devise. And if a person pays for property an equivalent in money or some other property, he would have it by purchase.

7. Title to real property by descent. The laws of this state prescribe the order in which the property of intestates descends to their heirs. A testament, or will, is a written instrument, in which a person declares his will concerning the disposal of his property, after his death. The person making a will is called a testator: hence, a person dying without making a will or testament, is called an intestate.

The right of property? 4. Define the different laws by which our rights are secured. 5. In what different ways may titles to lands be acquired? How is title by descent acquired? 6. How by devise? How by pur. chase? 7. Who are intestates? Define testament or will; and testa

8. The property of an intestate descends, first to his children and their legal representatives. The legal representatives here mean the lawful heirs of the children; so that the property goes to the lineal descendants, that is, persons descending in direct line, as from parents to children, and from children to grand-children. The lineal descendant most nearly related to the intestate, however distant the relation may be, takes the property.

9. If any children of an intestate are dead, and any are living, the inheritance descends to the children living, and to the descendants of the children dead; so that each child living shall receive such share as he would receive if all were living, and the children of those who are dead such share as the parents would receive if living. To make this plain suppose an intestate to have had three sons, one of whom is dead, but has left children. In this case, each of the sons living would share one-third of the property, and the children of the other son would have the remaining third.

10. If there are no children or their legal representatives, the estate goes to the brothers and sisters of the intestate, who are of the blood of the ancestor from whom the estate came, whether they are of the whole or the half-blood of the intestate. If there is no brother or sister of the blood of the ancestor from whom the estate came, and if it came by deed of gift from an ancestor who is living, it goes back to such ancestor. But if such ancestor is dead, the estate passes to his children, if he has any; if not, then to his brothers and sisters. If there are no brothers or sisters to such ancestor, then the estate goes to the intestate's brothers and sisters of the half-blood, though not of the blood of the ancestor from whom the estate came. If there are no brothers or sisters of the intestate, the estate passes to the next of kin to the intestate, of the blood of the ancestor from whom the estate

came.

11. If there is no person who is entitled to inherit the estate, then the estate becomes the property of the state. The lands thus passing to the state, are called escheated lands.

tor. 8. To whom first does property descend? 9. How when any children of an intestate are dead? 10. Describe the order of descent when there are no children. 11. When there are no heirs, where does

12. Descent of personal estate. Personal estate, if it came not to the intestate by descent, devise, or deed of gift, descends to the children of the intestate. If he has no children, it passes to his brothers and sisters of the whole blood; if he has none, then to his brothers and sisters of the half blood; if he has none, then to his father, if living; if dead, then to the mother; but if both are dead, then to the next of kin to, and of the blood of, the intestate.

CHAPTER XXVIII.

Of Wills and Testaments.

1. ALL persons of full age and sound mind may give and bequeath real and personal estate, by a last will and testament. Personal estate may be willed verbally, (by word,) if the will is reduced to writing within ten days after speaking the testamentary words, and subscribed by two disinterested witnesses.

2. A will devising real estate must be subscribed by at least two attending witnesses, in whose presence the testator must subscribe the will, or acknowledge that he subscribed it, and declare it to be his last will and testament. If the testator is unable to sign his will, another person may write the testator's name by his direction; but he should sign his own name as witness to the will. A will thus made is valid, unless revoked or altered by a later will or writing, executed in the same manner.

3. After the death of a testator who has bequeathed any real or personal estate, any executor, or any person interested in the estate, may have the will brought before the court for probate, which means proof. The court causes the witnesses to the will, and such others as any person interested may desire, to come before the court to be exam

the estate go? 12. What is the order of descent of personal estate? 1. Who may devise real estate? May personal estate be devised by word, as well as by writing? How? 2. How is a will made and executed? 3. How is a will proved? What is an executor? 4. What

ined. (An executor is a person named in the will of a testator, or otherwise appointed, to carry the will into effect.)

4. When a will has been duly proved and allowed, the court issues letters testamentary to the executor. Letters testamentary give to an executor authority to carry a will into effect, and to settle the estate of the deceased. If the person named in the will refuses to act, or is not lawfully qualified, the court appoints a person, who, in that case, is called administrator; and the court issues letters of administration with the will annexed. It is the duty of an executor to follow the directions of the will, so far as it goes; and for the rest of his duties he must be governed by the law concerning administrators.

5. Letters of administration are also issued in case of a person dying intestate. They give to the persons appointed to settle the estate of the intestate, the requisite authority to do so. They are issued, first, to the widow or next of kin, or both, as the court may think fit. If such person or persons are incompetent or unsuitable, or if they refuse to serve, the letters of administration are granted to such other person as the law designates. The law prescribes particularly the manner in which the property of deceased persons shall be disposed of, and their debts paid.

CHAPTER XXIX.

Of the Proof and Recording of Deeds, Mortgages, &c.

1. EVERY person capable of holding real property, may also dispose of and convey his right or interest in such property to another person. To convey here means to transfer, or pass over to others, the right or ownership of property, so that they shall have the same interest in it as the

are letters testamentary? By whom and when are they issued? What is an administrator? 5. When are letters of administration granted? To whom are they granted?

1. Who may convey real estate? What is it to convey? What is