The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1857-05-21
TERMs-s1,so per annum in Advance.
NUMBER 35.

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upon the real estate OF the parties, as iadg-
ments rendered in the Common Pleas.
and governed in all respects BY the same
rules.
SEC. a. II the amount coming to any
heir. legatee. widow, or other distributee,
under such order of distribution, shall be
uncertain, or in dispute. depending upon
the construction of any devise, bequest,
conveyance, contract, or advancement.
or upon any other question. the Probate
Judge may hear and determine all such
questions necessary to ascertain and fix
the amount due the plaintiff in such petit
ton, and if necessary TO kear and deter
mine, 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 AN.
thorized to cause all the heirs. lepatees.
or other distributes, parties in interest.
to be made parties to said petition, when
the same is necessary, by amended or
supplemental petition. and service of no.
tice, as is provided in the FIRST and Sec
ond sections of this act, and in such case
to render Judgment and award execution
against such executor, administrator or
guardian, in favor of the parties respec-
lively, for the amounts respectively found
due them, with the interest and costs, un-
less the court should be of opinion the
costs should be paid out of the estate or
dered to be distributed. or by the parties.
in which case such order shall be made
respecting the costs as shall seem equita-
BILE.
SEC. 5. In all cases under this act
the Probate Court before which any pro-
ceeding shall be pending, 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
county for trial, and Judgment, and exc
cution, and in case of such reservation it
shall be the duty of the Probate Judge,
forthwith to make out transcript of his
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 is COM
menced, and said cause shall thereafter
be carried on to final judgment and exc
cution in said Court of Common Pleas,
in all respects as though the same had
been originally commenced there, as in
other civil actions. under the provisions
of the code of civil procedure.
Taf-
shall have concurrent original inrisdic-
ton with the Probate Court, in all cases
provided for in the first, second, third and
fourth sections of this act, and any credi-
tor, legatee, widow or other distributee,
as aforesaid. may bring civil action in
the Court of Common Pleas of the pro-
per county. against such executor, ad-
ministrator or guardian, for his or her
share ofthe estate. upon such settlement
and order of distribution, in the same
manner as other civil actions, and pro-
ceed therein to final judgment and exc
cution. and be governed in all respects as
upon other civil actions, under the code
OF civil procedure, and to cause all per.
sons interested in said cause, as heirs,
legatees, distributes, or otherwise. to be
made parties to any action aforesaid. if it
shall be deemed necessary, in order to a
full and complete settlement and adjust
ment of the rights of the parties, in the
same manner;as other civil actions, with
full power and authority to settle and de-
termine the rights of the parties, and to
render judgment and award execution
thereon as in other cases.
Sec. 7. The sureties of every such
executor, or guardian, shall moreover be
liable upon the official bond of the execu-
tor, administrator, or guardian, against
whom any Judgment may be rendered
under the provisions of this act, either in
the probate court or court Of common
pleas. and such sureties may be made
parties to any such Judgment By petition
or action to beeommenced and prosecuted
in the same manner as is provided in this
act for the commencement and prose-
cutting causes; against executors, admin
istrators or guardians, to final Judgment
and execution: Provided, that 10 all
cases in which service of process shall
have been made upon such executor. ad-
ministrators, or guardians. by publication
as provided in section 2, the surety shall
be permitted to make the same defence
as the executor, administrator, or guar
dian coald have made.
SEC. 8. Any executor. administrator,
or guardian may maintain civil action
in the court of common pleas, against
creditors, legatees. or distributes. or
other parties, asking the direction or judg-
ment of the court. in any matter respect
ing the trust. estate, or property to be
administered, and the rights of the par
ties in interest. 10 the same manner. and
as fully as was formerly entertained in
courts of chancery.
SEC. 9. Appeals shall be allowed
from any final order. judgment. or de-
cree Of the probate court to the court OF
common pleas. by any person against
whom any such order, Judgment. or De-
cree may be made. or who may De AFFECT
ed thereby, in the same manner as Us
provided for appeals from the probate
court. ia the act entitled "an act supple
mentary to the act entitled an act deh-
nino the jurisdiction and regulating the
rnctice Of probate courts, passed March
TA 1883. and to amend said act" pass
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