Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1857-05-21

tbe same shsl b continued for trial and judg.
msut, ss in other eases Of continuance. and il 10
good cause be shown, in defence Of the claim Ofths
pIaintin such petition, Il shall be lawful for such
Probate Court to render judgment in favor Of
such plaintiff, against such executor, admiuistra-
tOr, or guardian. for the am0ant found le be due
to the petitioner, and remaining unpaid, uPOu the
settlement and order Of distribution, ~ aforesaid,
with the interests and costs Of suit and to awa:d
execution thereon as in other cases Of judgment,
which execution sLal be served and returned, By
the Sheriff Or other proper officer, in all respects
As executions are, issued from the Court of Com
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 Common
Pleas, and governed in all respects by the same
rules.
Sec. 4. If the amount coming to any heir, leg
atee, widow, or other distnbutee, under such order
of distribution, shall be uncertain, or IN dispute,
depending upon the construction Of any devise,
bequesL conveyance contract. or advancement, or
upon any other question, the Probate Judge may
bear and determine all such questions necessary
to ascertain aud fix the amount due the plaintiff
in such petition. and il necessary 10 bear and de-
termine, and settle 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,
egatees or ether distributes, parties in interest,
to be made parties to said petition; when the same
ia necessary, by amended or supplemental peti.
tion and service Of notice, as is provided in the
first and second section Of this act, and in such
case to reuder judgment and award execution a.
ganst such executor, administrator, or guardian
in favor ofthe parties respectively for the amounts
respectively found due them with the interest and
costs, unless the court should be of the 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. s, In all cases under this act the Probate
Court before which any proceeding shall be pend
ug shall. on 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 coun-
ty 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 trans.
erpt of bis proceedings in the cause, so far as he
has progressed in the same, which together With
the 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 commenced, and said cause shall there
after be carried on to iual Judgment and execu-
ton in said Court of Common Pleas, in all re-
spects as though the same had been originally
commenced there, as 10 other civil actions under
the provisions Cfthe code Of civil procedure.
Sec, 6. The Court Of Common Pleas shall
have concurrent original Jurisdiction with the
Probate Court, iu all cases provided for in the
first, second third and fourth sections of this act,
and any creditor, legatee widow. or other distrib.
utse, as aforesaid, may bring civil action In the
Court of Common Pleas of the proper county, a.
gainst such executor, administrator, or guardian,
for his or ber share of the estate, upon such settle
ment and order of distribution, in the same man.
ner as other civil actions, and proceed therein to
final judgment and execution, and be governed in
all respects as upon other civil actions, under the
code of civil procedure, and to cause all persons
interested 10 said cause,a heirs legatees, distrbu-
tees, or otherwise, to be made parties to any &C.
ton aforesaid, if it shall be deemed necessary, in
order to full and complete settlement and ad-
justment of the rights of the parties, in the same
manner as other civil actions, with full power
and authority to settle and determine the rights of
the parties; and render Judgment and award exc
cution thereon as in other cases.
Sec. Z. The sureties of every such executor,
administrator. or guardian, shall moreover be liza
Bile upon the official bond Of the executor, admin
istrator. or guardian, against whom any judgment
may be rendered under the provisions of this act,
either in the probate court, or court of comm on
pleas, and such sureties may be made parties to
any such judgment, by petition or action to be
commenced and prosecuted in the same manner
as is provided in this act for the commencement
and prosecuting causes. against executors, admin
istrators, or guardians, to fna judgment and ex-
ecutiou Provided that in all cases in which SER
vice of process shall have been made upon such
executor, administrator, or guardian by publica-
ton as prOvidedin section 2, the surety shall be
permitted to make the same def ence as the exec
utor, administrator OF guardian cou ID have made.
Sec. 8. Any executor, administrator, or guar
dian, may maintain civil action in the court of
common pleas, against the creditors, legatees, or
distributes or other parties, asking the direction
or Judgment Of the court in any matter respecting
The trust estate. or property to be administered.
.rJ tba y;0hts of the narties in iutarest. in the