Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-07-30


the door Of the Court House of said county,
of the filing tf any accounts by executors, ad-
mlnistrators or guardians. specifying the time
when such accounts will be heard, which shall
not be less than three weeks after the publ
cation of such notice. at which time it shall be
competent for the Probate Judge, for cause !;
to allow further time to file exceptions to said
account; and the COSTS of such notice shall be
paid, if more than one account be specified
in the same notice, in equal proportions by
the executors, administrators or guardians
respectively,
PoWer to erdmiae erecutors, administrators
and guardians on oath.
Sec. 2l. The Probate Judge shall have
full power and authority to examine under
oath, all executors, administrators and guar
dians, touching their accounts; and if he shall
think proper to do so, he may reduce such
examination to writing and require such ex-
ecutor, administrator or guardian to sign the
same, and such examination shall be filed with
the papers in the case.
Appeal from refusal to admit ,oW to probate.
Sec. %. In case Of the refusal to admit a
will to Probate, any person aggrieved thereby
may appeal from such decision to the next
term of the Court of Common Pleas, by filing
notice of his intention to appeal within ten
days.
Copy of order to be fled in Common Pleas
Sec. % The person appealing shall pro-
cure and file in the Court Of Common Pleas
a certified copy of the order of said Probate
Court rejecting the WILL and thereupon said
appeal snail be deemed perfected.
Hop wW contested
Sec "a When will shall be admitted to
Probate in the Probate Court, or Court oi
Common Please ON appeal, any person inter
ested shall have a right to contest its validity
by pe,:ion to the Court of Common Please Of
the proper county, and upon filing such petiti-
on the Clerk of the Court Of Common Pleas
shall certify that fact to the Probate Court in
Which the will was admitted to Probate
Sec. 2j. When petition to contest the
validity of will is filed, as provided in the
last section, the will, testimony and all pa
pers relating thereto, shall be transmitted by
the Probate Judge to the Court of Common
Pleas, and the judgement of the Court oI
Common Pleas shall be certified by the Clerk
thereof, to the Probate Court. When the
case is finally determined, the will shall be
deposited in the Probate Court.
Undertakings 10 be cpprored and fled
Sec 26. All undertakings required or au
ihorizcd by law to be given in the Probate
Court shall be, on being accepted and ap-
proved by the Probate Judge, filed in hi:
office.
HoU notice cfproceediags gicen.
Sec 27. When notice Of any proceedings
in Probate Court shall BE- required by law
OF be deemed necessary by the Probate Judg'
and the manner of giving the same shall no
be directed by any statute, the Probat,
Judge shall order notice Of such proceeding
to be given to all persons interested therein
IN such manner and for such length of time h
he shall deem reasonable
! What questions to be determined by Judge
Sec. %. All questions, except those arsin:
in criminal actions and proceedings, unles
otherwise provided by law shall be determin
ed by the Probate Judge, unless in his dis
cretun he shall order the same to be trie
by "a Jury or retired, as provided in sectio
two hundred and eighty-llve of the Code O
Procedure of this State.