Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1853-06-30
Noice of flinq of accounts to Be given.


Sec. go. 1t shall be the duty Of the
Probate Judge to cause notice to be
published in some newspaper of the
county, if any be published therein, or
if not, by posting the same upon the
door of the Court House of said coun-
ty, of the fling of any accounts by ex-
ecutors, administrators or guardians,
specifying the time when such accounts
will be heard, which shall not be less
than three weeks after the publication of
such notice, at which time it shall be
competent for said Probate Judge, for
cause, to allowsfurther time to file ex-
ceptions 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 aor guardians
respectively.
PosOer to examine executor, administrator
and guardians on oath.
Sec. 21. The Probate Judge shall
have full power and authority to ex-
anime under oath, all executors, admin
istrators and guardians, touching their
accounts; and if he shall think proper
to do so, he may reduce such examina-
ton to writing, and require such execu-
tor, administrator or guardian, to sign
the same, and such examination shall
be filed with the papers in the case.
Appeal from refusal to admit triH to
Probate O..
Sec. 22 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 no
tice of his intention to appeal within
ten days.
Copy Of order to be filed in Common
Pleas.
Sec. %. The person appealing shall
procure and file in the Court of Com
mon Pleas a certified copy Of the order
of said Probate Court rejecting the will,
and thereupon said appeal shall be
deemed perfected.
Hon sciH Contested
Sec. "a When a Will shall be admit
ted to Probate in the Probate Court, or
Court of Common Pleas, on appeal,
any person interested shall have a right
to contest its validity by petition to the
Court of Common Pleas of the proper
county, and upon filing such petition
the clerk of the Court of Common
Pleas shall certify that fact to the Pro-
bate Court in which the will was admit
ted to probate.
Sec. 95. When a petition to contest
the validity of will is filed, as pro-
vided in the last section, the will, testi-
mony and all papers relating thereto,
shall be transmitted by the Probate
Judge to the Court of Common Pleas,
and the Judgment of the Court of Com
mon 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 Pro-
bate Court.
Undertakings to be approved and filed.
Sec &c. All undertakings required
or authorized by law to be given in the
probate court shall be, on being ac-
cepted and approved by the Probate
Judge, filed in his Office.
Hon notice Of proceedings given.
Sec. 81. When notice of any pro-
ceedings in a Probate Court shall be
by law, or be deemed neces-
sary by the Probate Judge, and the
manner of given the same shall not be
directed by any statute, the Probate
Judge shall order notice of such pro-
ceedings to be given to all persons in
terested therein, in such manner and for
such length of time as he shall deem
What questions to be determined By Judge.
Sec. %. All questions, except those
arising in criminal actions and proceed
ings. unless otherwise provided by law,
shall be determined by the Probate
Judge, unless in his discretion he shall
order the same to be tried by Jury or
as provided in section two
hundred and eighty-five of the Code of
Civil Procedure of this State.