The Perrysburg journal. [volume] (Perrysburg, Ohio) 1853-1861, 1854-05-27
AN ACT


defining the jurisdiction and regulating
the practice of Probate Courts" passed
March IA, 1888, and to amend said act.
Sec. |. Be it enacted by the General AS
sembly of the State of Ohio, That the sec
ond section of the act entitled ' an act de-
fining the jurisdiction and regulating the
practice of Probate Courts" passed March
! IA, 1853, be amended so as to read as fol-
lows; Sec 2. The Probate Court shall have
exclusive jurisdiction, except as hereinafter
provided.
First. To take the proof of wills, and to
admit to record authenticated copies Of wills
executed, proved and allowed in the courts
of any other state, territory, or country.
Second. To grant and revoke letters tes.
tamenary, and of administration.
Third. To direct and control the conduct,
and to settle the accounts of executors and
administrators, and to order the distribution
of estates.
Fourth To appoint and remove guardi-
ans, to direct and control their conduct, and
to settle their accounts.
Fifth. To grant marriage licenses, and
licenses to ministers of the gospel to solemn
ize marriages.
Sixth. To make inquests respecting lu-
natics, insane persons, idiots, and deaf and
dumb persons, subject by law to guardian
ship.
Seventh To make inquests of the
amount of compensation to be made to the
owners of real estate, when appropriated by
any corporation legally authorized to make
such appropriation.
Eighth. In the criminal cases hereinaf-
ter specified.
Ninth. To try contests of the election of
Justices of the Peace.
/ Sec. 2. That section eight of said act be
amended so as to read as follows: Sec. s.
Letters testamentary, or of administration
or guardianship, shall not be issued to any
person, after his election to the office of
Probate Judge. and before the expiration of
his term of office and if any probate judge
shall be interested as heir, legatee, devisee,
or IN any other manner, in any estate which
would otherwise be settled i'll the county
where he resides. all such estates, and all
accounts of guardians, in which said probate
! Judge may be interested shall be settled
by the Probate Court of an adjoining
county.
Sec. 3. That appeals may be taken from
any order, decision or decree, of the pro-
bate court, in settling the accounts of an
executor, administrator or guardian, or in
the proceedings for the completion of real
contracts, by any person against whom such
order, decision or decree shall BE- made, or
who may be effected thereby, to the court of
common pleas, and the cause so appealed shall
be tried, heard, and decided in the court of
common pleas, in the same manner as though
the said court of common pleas had original
jurisdiction thereof: Provided, that no such
appeal shall be taken unless the value of the
property, or the amount in controversy, ex-
ceeds the sum of one hundred dollars.
Sec. a. The person desiring to take an
appeal as provided in section three, shall,
within twenty days after the making of the
order, decision or decree, from which he
desires to appeal give written undertaking,
executed on the part of the person appeal
ing, to the adverse party, with one or more
sufficient sureties, to be approved by the
Probate Judge, and conditioned that the
party appealing shall abide and perform the
order, judgment or decree, of the appellate
court, and shall pay all moneys. costs and
damages, which may be required of or
awarded against said party, by such court.
When the order, decision or decree, from
which the appeal is taken, directs the pay
ment of money, the undertaking shall be in
double the amount thereof, and in other
cases, in such amount as shall be prescribed
by the probate court.