The Perrysburg journal. [volume] (Perrysburg, Ohio) 1853-1861, 1857-07-30
April II, 1856.
AN ACT
No. l6l !

@'N' 4 " @AN Az
To provide for the more speedy collection of
Claims of Creditors, Le5atees, aud Distributes
of Executors, Administrators, and Guardians
and to define the jurisdiction OF the Court of
Common Piels, and Probate Court in certain
Sec. |. Be it enacted by the General Assembly
OF the State of OhiJ, That after thirty days from
the time OF the settlement OF the accounts of ex
ecutors, administrators, or guardians, shall have
been made, or shall hereafter be made by the
Probate Court, and an order of distribution made
Thereon, if such executor, administrator or guar
dian, shall neglect refuse to pay to any person.
interested in laid order of distribution, as credit
or, legatee, widow, heir, other distributec, or
otherwise when demanded his or her share ofthe
estate or property ordered to be distributed by
such Probate Court, it shall be lawful for any per-
son interested as aforesaid to file petition in
the Probate Court, of the county in which the
settlement and order of distribution is maze
against the executor, administrator, or guard an
making such settlement of his or her account, as
aforesaid, briefly setting forth in the petition the
amount and nature of the claim of the party fl ling
such petition, whcrcupon the Probate Judge shall
forthwith issue citation against such executor,
administrator, or guardian, setting forth the filing
of the petition. the amount claimed by the peti.
tioner, and commanding such executor, admins
traitor, or guardian, to appear before said Probate
| Court on the return day thereof, to answer said
| petition, and show cause, if any, why judgment
should not be rel dered and execution awarded
! against him or her for the amount claimed by
such petitioner, and found to be due upon such
settlement and order Of distribution, which cita-
tOn hall be made returnabe not less than twenty
nor more than forty days from the date thereon
| the return day to be named in the citation which
shall be served and returned by the sheriff or 9TH
er proper officer, rs in Of a summons, and may
issue to any court i'll the State.
Sec. =. But If such executor, administrator or
guardian, shall reside out of this State the court
being satisfied OF that fact either before or after
the return of the citation, may order such nom
resident to be brought into court by publication
IN some newspaper OF the county in which the
petition is filed, fol six consecutive weeks before
the time fixed for the hearing of said cause; or in
ease no newspaper be published in The county,
thsn to be publ: in some newspaper having a
general circulation i'll said county.
Sec. g. On the return of the citation served, or
the service Of notice by publication as aforesaid
the cause shall be considered ready for hearing,
unessfor good cause shownby either paryt same
shall be continued for trial and Judgment, as in
other cases of continuance, aud ii no good cause
be shown, in defence Of the claim OF the pla n
tiff in such petition, it shall be lawful for such
Probate Court to render dgment in favor of such
plaintiff, against such executor, administrator or
! guardian, for the amount found to be due to the
petitioner, and remaining unpaid upon the settle
ment and order of distribution as aforesaid with
the interests aud costs of suit, and to award exc
culiUn thereon as in other cases of judgments
which execution shall be served and returned, by
the sheriff or other proper officer in all re.Dpcts
mon Pleas, and all judgments rendered under this
act shall have like liens upon the real estate of the
parties, as Judgments rendered in the Commol
Pleal and governed in all fesPec by the same
rules.
Sec. If the amount coming to any heir,
| legatee, widow, or other dstributec, under such
order of distribution shall be uncertain or in dis,
pute, depending upon the cln,tructlon of any
devise. btques, convey anee, contract, or dvancc
meut, or upon any other question, the Probate
Jud &c may hear and de eimine all such questions
necessary to ascertain and fix the amount due the
plaintiff in such petition and if necessary to hear
and determine, aud settle the rights and claims Of
ali the parties interested as aforesaid, in such
order Of distribution. and for that purpose the
PIobate Court is hereby authorized to cause all the
heirs legatees, or other distributes, parties in
interest," to be made parties to said petition when
the same is necessary, by amended or supplement
tai petition, and service of notice, as is provided
in lhe first aud second section of this act and in
such case to render jud ymeut and award execution
against such cutUr, admnisl ratOr, or guardian
in favor of the parties respectively for the amounts
respectively lnunt due Them, with the interest
and costs, unless the court should be of opinion
The COS should be paid out of the estate ordered
. ue distributed or by the parties, IN which
such order shall be made respecting the costs as
shall seem equitable.
See. s. In all cases under this act the Probate
Court b,tOre Which anv proceeding shall be pend