The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1857-07-15
AN ACT

To provide for the more speedy collection
of Claims of Creditors, Legatees, and
Distributes of Executors, Administra-
tors and Guardians, and TO define the
jurisdiction of the Court of Common
Pleas, and Probate Court, in certain
cases.
Sec. l.. Be 1t enacted by the General
Assembly Of the State Of Ohio, That after
thirty days from the time of the settlement
of the accounts of executors, administrat-
ors, 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 guardian, shall neglect or refuse to pay
to any person, interested in said order OF
distribution, as creditor, legatee, widow,
heir, or other Distribute, or otherwise,
when demanded, his or her share of the
estate or property ordered to be distribute
ed by such Probate Court, it shall be law
full for any person interested, as aforesaid,
to file a petition in the Probate Court of
the county in which the settlement and
ord or of distribution is made, against the
executor, administrator, or guardian max
ing 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 filing such petition,
whereupon the Probate Judge shall forth
with issue a citation against such ezecu-
tor, administrator, or guardian, setting
forth the fling of the petition, the amount
claimed By the petitioner, and command
ing such executor, administrator, or guar
dian, 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 rendered and ex-
ecution 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 returnable net 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 the State.
SEC. 2. But if such executor, admin
istrator, 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 non-resi.
dent to be brought into court, by publica-
ton in some ne spaper of the county in
which the petition is filed, for six consec-
utive weeks before tho time fixed for the
hearing of said cause ; or in case no news
paper be published in the county, then to
be published in some newspaper having a
general circulation in said county.
SEC. s. On the return of the citation
served, or the service of notice by publica-
ton, as aforesaid, the cause shall be con-
sidered ready for hearing, unless for good
cause shown by either party the same
shall be continued for trial and iudg-
ment, as in other cases of continuance, and
if no good cause be shown, in defence of
the claim of the plaintiff in such petetion,
it shall be lawful for such Probate Court
to render judgment in favor of. such plain
tiff, against such executor, administrator,
or guardian, for the amount found to be
due to the petitioner, and remaining un-
paid, upon tho settlement and order of
distribution, as aforesaid, with the inter-
ests and costs of suit, and to award execu-
ton thereon as in other cases of judgmcn+,
which execution shall be served and r =
turned, by the Sheriff or other proper Of
ficer, in all respects as executions ale, is
sued from the Courts of Common Pleas,
all judgments rendered under this act
8 all have like liens upon the real estate
of the parties, as judgments rendered in
the Common Pleas, and governed in all
respects by the same rules.
SEC. 4. If the amount coming to any
heir, legatee, widow, or other distribatee,
under such order of distribution, shall be
uncertain, or in dispute, depending upon
the construction of any device, bequest,
aanIr1aE on ~ ~ IN naanannf I'm
on any other question, the Ir Jbate Judge
may hear and determine all such question
necessary to ascertain and fix the amount
due the plaintiff in such petition, and if
necessary to hear and determine, and set
tie the rights and claims of all the parties
interested as aforesaid, in such order of
distribution and for that purpose the
Probate Court is hereby authorized to
cause all the heirs, legatees, or other dis
tributes, parties in interest, to be made
parties to said petition, when the sam is
necessary, by amended or supplemental
petition, and service of notice, as is provi-
ded in tho first and second sections of this
act, and in such case to render judgment
and award execution against such execu-
tor, administrator, or guardian, in favor
of the parties respectively, for the amounts
respectively found due them, with the in
terest and costs, unless the court should
be of opinion the costs should be paid out
of the estate ordered to be distributed, or
by the parties, in which case such order
shall be made respecting the costs as
shall seem equitable.
SEC. 5. In all cases under this act the
Probate Court before which any proceed
ing shall be pending shall OIL motion Of
any of the parties to said proceeding, cause
the same to be reserved and sent to the
Court of Common Pleas of that county
for trial, and judgment, and execution,
and in case of such reservation it shall be
the duty of the Probate Judge, forthwith
to make out a transcript of his proceed
ings in the cause, SO far as he has pro-
crossed in the same, which together with
tho petition, and all other papers in the
cause, shall be forthwith filed with the
Clerk of the Court of Common Pleas OF
the county IN which the cause is commen
ced, and said cause shall there after be
carried on to final judgment and execu-
ton in said Court of Common Pleas, il
all respects as though the same had beer
originally commenced there, as in other
civil actions, under the provisions of tht
code of civil procedure.
SEC. 6. The Court of Common Plea:
p, ,lt;o,