Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1857-05-28
LAWS OF OHIO.
PUBLISHED BY AUTHoR1EY
Nc. 1911 AN ACT

" " bAiAl vi >lSNAlNOlG. JaS-sllCNo
and Distributes of Executors, Adj
ministratiops and Guardians, and to
define the jurisdiction of the Court
of Common Pleas and Probate Court,
In certain cases.
SECTION. l. Be it enacted by the
General Assembly of the State of Ohio,
That after thirty days from the time of
the settlement of the accounts of cXccu-
tors, administrators or guardians, shall
have been made, or shlll hereafter be
made by the Probate Court; and an or
der of distribution made thereon, if
such executor, administrator or guard
ian, shall neglect or refuse to pay to
any person, interested in said order of
distribution, as creditor, legatee, widow,
heir, or other ~distributce, or otherwise,
when demanded, his or her share of the
estate or property ordered to be distribu.
ted bysuch Probate Court, itshall be law
full for any person interested, as aforesaid,
to file a petition in the Probate Court
cf the county in which the settlement
OF order Of distribution is made, against
the executor, administrator or guardian
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 filing
such petition, Uhereupon, the Probate
Judge shall forthwith issue a citation
against such executor, administrator or
guardian, setting forth the filing of the
petition, the amount claimed by the pc
eitioner, and commanding such execu-
tor, administrator 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 rendered and execution awarded
against him or her for the amount
claimed by such petitioner, and found
to be due upon such settlement and or
der of distribution, which citation shall
be made returnable 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 the State.
SEC. 2. But if such executor, adj
ministrator 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
nonresident to be brought into court,
by publication in some newspaper of the
county in which the petition is fled, 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 publish in some
newspaper having a general circulation
in said county.
See. 3. On the return Of the eta
ton served, or the service of notice by
publication, as aforesaid, the cause shall
be considered ready for hearing, unless
for good cause shown by either party
the same shall be continued for trial
and judgment'as in other cases of con-
tinuance, and if no good cause be shown
defence of the claim of the plaintiff
in such petition, it shall be lawful for
such Probate Court to render judgment
IN favor of such plaintiff, against such
executor, administrator or guardian, for
The amount found to be due to the pc
and remaining unpaid, upon
he settlement and order of distribution.
IS aforesaid, with the interests and costs
# suit, and to award execution thereon
IS in other cases of judgments, which
execution shall be served and returned,
~ the Sheriff or other proper officer, in
I'll respects as executions are issued
rom the Courts of Common Pleas, and
II judgments rendered under this act
hall have like liens upon the real estate
f the parties, as judgments rendered in
he Common Pleas, and governed in all
espectS to the same rules.
SEC. 4. If the amount coming to
ny heir, legatee, widow or other dis
under such order of distribu-
ion, shall be uncertain or in any dis
'ute, depending upon the destruction
f any device, bequest, conveyance, con-
ract or advancement, or upon any other
.uestion, the Probate Judge may hear
nd determine all such questions n~ecess
ry to ascertain and fix the amount due
he plaintiff in such petition, and if ne
cssary, to hear and determine, and
ettle the rights and claims of all the
arties interested as aforesaid, in such
of distribution, and for that pur-
ose the Probate Court is hereby author
ed to cause all the heirs, legatees, or
thcr distributes, parties in interest to
G made parties to said petition, when
lie same is necessary, by amended or
petition, and service Of
office, as provided in the first and
,cond section Of this act, and in such
Use to render judgment and award ex-
,ution against such executor, admins
or guardian, in favor of the par
respectively, for the amounts res
ectiyely found due them, with IT, in
rests and costs, unless the court 81 on i
, of opinion the costs should be paid t
1t of the estate ordered to be distribu- s
or by the parties, in which case I
Ieh order shall be made respecting the {
as shall seem equitable. t
SEC. 3. In all cases under this act {
Probate Court before which any c
'oceeding shall be pending shall, on
otion Of any of the parties to said pro- c
cause the same to be reserved s
ID sent to the court of Common Pleas t
that county for trial, and Judgment, a
i execution, ami in case of such re
it shall be the duty Of the 1
Judge, forthwith 10 make out c
transcript Of his proceedings in the 5
use, so far as he has progressed in the Il
me, which, together with the petition, p
i III otLo- ~ IN +Ia oauuo shall !