The Tiffin tribune. [volume] (Tiffin, Ohio) 1848-1859, 1857-06-05
NO.a5


amount found 10 be due 20 the petitioner
and remainingunpaid. upon tSe settlemen,
ana order Of distribution. as aforesaid,
with ehe interests aud costs Of suit. and
I 70 award execution thereon as 10 other On
'es OF Judgments, which execution shall
Be served and returned. BY the ShariToy
other proper officer. Nv an respects AZ OK
ecntions are issued from the Courts Of
Common Pleas. and al judgements ron.
derod nnder this ace shall have like liens
; upon tho real estate ofthe parties. asiudg.
ments rendered IN the Common pleas
and governed In all respects by the same
rules,
$50. 4. II the amount coming 70 any
heir, legalee, widow. or other distribu,ee.
under suoh order Of distribution. shall he
uncertain or IN dispute, depending upon
the construction Of any device, bequest
conveyance, contract. or advancement.
or upon auy other question, the Probate
Judge may hear and determine all such
questions necessary 70 ascertain aud FIX
'ho amount due The plaintiff in such pe,i
;ionsand Il neoessary to hear and deter
mine, and settlc the rights and claims Of
all the parties interested as aforesaid. in
such order Of distribution. and for that
purpose the Probate Court ia hereby au
thoFised 10 cause all the heirs. legalees
or other distributes, parties in interest.
to be made parties TO said petition. when
tue same Is necessary, by amended or
supplemental petition, and service Of no
sioe, as is provided Ia the frat and second
'eotions Of this act, and in such case 10
render judgement and award execution
against such executor. administrator or
Guardian, IN favor Of the parties respec
lively, for tie amounts respectively found
lue 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 deem equita
bic.
SEo. 8. In AL cases under this ACT
tho Probate Court before which anv pro.
ceeding shall be pandinog shah on motion
II any Of the parties to said proceeding.
cause the same 20 be reserved and sent
70 Tho Court Of Common Pleas Of that
county for trial, and judgement ard exc.
cution, and IN case Of such reservation Il
shall be the duty Of the Probate Judge.
forthwith to make out transcript Of his
proceedings in the cause, 40 far az he has
progressed in the same, which together
with the petition. and al other papers in
the cause, shall be forthwith fled with
tho Clerk Of the Court Of Common Pleas
Of the county in which the cause Is com.
menced, and said cause shall thereafter
DO carried on to final judgement 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.
SEC. 6. The Court OF Common Pleas
shall have concurrent original jurisd O.
ton with the Probate Court, in an cases
provided form tho FIRST, seoond, third and
fourth sections OF this act, and any oredi
tor. legateo. widow. or other distributed.
as aforesaid, may bring a civil action in
q Court Of Common Pleas Of the prop
er county. sg inst suoh execator, admin
strator or guardian. for his or her shar
OF the estate, upon such settlement and
order of distribution. in The same man
uer as other civil actions, and proceed
therein to final judgement and execution,
and be governed in all respects as upon
other civil actions, under the code Of civil
procedure, and TO cause all persons inter
ested 10 said cause, as heirs, legatees, dis
tributes, or otherwise, to be made par.
ties to any action aforesaid. ifit shall be
deemed necessary, in order to full and
complete settlement and adjustment Of
the rights Of the parties, in the same man
ner as other civil actions, with full au
thority TO settle and determine the rights
Of the parties, and to render judgement
and award execution thereon as IN other
casas.
SEC. 7, The sureties Of eyory such
executor. or guardian, shall moreover be
liable upon the oficifl bond Of the execu
tor, admin's.rator. or guardian, against
whom any judgment may be rendered
under the provisions Of this act, either in
hs probate court or court Of oommen
pleas, and such sureties may be made
parties TO any such judgement by petition
or action 20 be commenced and pToseeu-
Ted in the same manner as is provided in
this act for the commencement and pros
ecuting causes. against executors, admin.
istrators or guardians. to final judgement
and execution: Provided. that in all on
yes in which service Of process shall have
been inside upon such executor. admin
istrators, or guardians, by publication as
provided in section 2. the surety shall
DO permitted 10 make the same defence
as the executor. administrator or guardi-
an could have made.
SEo 8. Any executor. administrator,
Or guardian may maintain a civil action
in the court Of common pleas against
creditors, legatees OF distributees or 9th
az parties. asking the direction or Judge,
ment Of the court. 10 Any matter respect.
ing the trust. estate, or property 10 be adj
uiinislered, and the rights Of The parties
in interest. IN the same manner, aud as
fully a. Il was formerly entertained ID
courts Of ohRnoery.
SEc o. Appeals ahall Be allowed from
b any foal order. judgment. or decree oi
: tho probate court 10 the oouri OF common