The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1857-07-23
LAWS OF 0AS0.
PUBtsisfiSD BY AUTHORITY.
AN ACT,

No i6l AN ACI,
To provide for the more speedy collection Of claims
of Creditors, Legatoes and Distributes Of Exec
utors, Administrators and Guardians, and to de-
fns toe Jurisdiction of tho Court of Common
Pleas and Probate Court in certain cases.
Sec. l. Be II enacted by the General Assembly
Of the State of Ohio That after thirty days from tho
time Of the settlement Of The accounts Of executors,
administrators or guardians she'll have been made,
or shall hereafter be mado by tho Probate Court,
and an order Of distribution made thereon, If such
executor, administrator or guardian, shall neglect
refuse to pay to any pcr'on interested in said or
dor OF distribution, creditor egotee, widow, heir,
or other distributee, or otherwise, when demanded,
his or her share Of the estate property ordered to
bo distributed by such Probate Court it shall be
awful for any person interested as aforesaid, to file
petition in the Probate Court Of the county in
which tho settlement and order OF distribution is
made, against the executor administrator or guar
dian making such settlement, of hi, or her account
rs aforesaid briefly setting forth in the petition the
amount and nature nf the claim of the party filing
such petition, whereupon the Probate Judge shall
forthwith issue citation against such executor,
administrator or guardian, setting forth the filing
of the petition, tho amount claimed by the petit
TONER and commanding such executor, admnistra-
tor guardian to appear before said Probate Court
the return day thereof, to answer said petition,
and show cause, ii any, why Judgment should not
be rendered 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 citation shall be made returna-
bic not less than twenty nor more than forty days
from the date thereof, the return day to be named
in the citation, which shall be served and returned
by the Sheriff. or other proper officer, as in case Of
a summons, and may issue to any Court in tho
State.
See. 2. 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 resi-
dent 10 be brought into Court, by publication in
some newspaper Of the county in which the petition
is filed, for six consecutive weeks before the time
fixed for the hearing Of said cause or, in case no
newspaper be published in the county, then TO be
published in some newspaper having general civ
oulaton in said county.
Sec 3. On tho return Of tho citation served, or
tho service Of notice by publication, as aforesaid
the cause shall be considered ready for hearing I'M
less for good shown by either party tho same
shall be continued for trial and Judgment in 9TH
er cases OF eOntnuance; and if no good cause be
shown in defence Of the claim of the plaintiff in such
'titon II shall be lawful for such Probate Court
render judgment in favor Of such plaintiff a.
,inst such executor, administrator or guardian,
or tho amount found TO he due to the petitioner,
and remaining unpaid, upon the settlement and or
der OF distribution, as aforesaid, with tho interest
and costs Of suit, and to award execution thereon
as in other cases Of judgments, which execution
nronor ofeer In MI resnect. a, cyecutians are ia.
sued from The Court III Commnn pIeos, and oil
iudgments rendered under this acl sbolt bovc IiLo
liens upou tho reaI eltate oC tbc nsrtios ne inJ'
monts rendered in the Common Pleas and govern .
ei in all respects by tho same rules
Ssc 4. II the amount coming to any heir, lcga-
tee, widow, or other dstrlbutee, under such order
Of distribution. shall be uncertain or in d,nute do
pending upon the CO.. Vction Of any devise. bo.
quest conyeyaqcy eN,V At. or Advancement or nm.
on apy other quocSN the Probate Jud1e mn ' bcar
and determine al deh questions neoessorv IN ao
certain and fix the amount due the ploiutiff in surh
uetitiop. and if necessary to hear md detero,irr
and settle the rights and claim, Of a tho nartics
interested, as aforesaid in sugh order of distri6u.
Eion; and for that purpose tho Probate Court h,
or other dstrbutcos narteJ in inter,,f io bs ,nslS
partie, 10 said poiti6n, when tbe came s necessary
ty amended ar supplcnental petitinn md sorvi:,
oi notice as IL uroyidel in thedr4t and second sa
eoD, Of this act. and in such case to render iudo
ment and award execution ngain,t guch ryoSut9r
administrator or guardian. in favor of The norlio,
re,poetiyely. for The amo,lui, rosrp,tivolv Cnnnd
dun them. win the iptor,sis and cnsls. ,,nI.ss a
Coprt should he or oninion tbc onsts sbond Lo MID
out Of tbe estate ordered to bo Jistribnted or bo
tho narties in which cas" sucb order sbolI bc noJo
Tesnrrtin0 tbe costs A, sbalI seem oonitoLio
Sec In ali ease, under tbi1 act, Tho p,,I,,,o
Gu, hocorc vbioh am, ,'roeolir,, IIi l 80
inc shoII ON motion II m, ~ the nartics ta ,"l
,reocecJing cause tbe sc h ho ro.croj arI .n,
- ,Lo Cn9rt of Cnnni,,n ple,, of tI,sl Emit, r.,
,y;aI All ind,yncrt and erocrtion anl in raSo ~
su"h rosesvatI,n +, s"aIi Lo ,bo J, - - ,,n d.,
bato Indge forthwith Ia matc o"t tra,s"rnt 'o o
a., ~ ~ '' ~ ttN'i'N' 'l' VI