Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1857-07-02
LAWS OF OHIO.
Published by Authority.
AN ACT


SECTION /. Bel enacted By the General Assem-
Ay Of hle State Of Ohio, That after thirty days
from TIE time Of the settlement OF the accounts of
execEtOrs administrations, or gu1r5iaRs, shall have
been made or shall hereafter be made, by the Pro-
bate Court, "anG an order of distribution made
there on ii such executor, or administrator, CT
i guaTClln, shall neglect refuse To pry TO any
person, interested in said order OF distribution,
creditor, legatee, widow, heir. or other disiribu-
tee otherwise, when demanded his or her share
i OF the estate or property ordered to, be
dissri5uted by such Probate Court i shail he law
lul tor any person interested, aforesaid 10 NE 4
petition in sie Probate Court OF the county IN which
the settlement and order OF distribution l. made
| against the executor, administrator. 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 hing
4 such petition, whereupOn the Probate Judge shall
forthwith issue a citation against such executor,
administrator, guardian setting torIh ;he hling
OF the petition the amount claimed by petition
er, and commanding such executor, administrator,
or guardian, 10 appear beOrc said Probate Court
the return day thereof T. answer sal petition, and
show cause il any why Judgment should acI be
rendered and execution awarded against AIIn Or
her t0r the amount caialed Oy such petitioner and
| found To be due upon such settlement and order of
disTibu i0n, which citation shall De made return
H5e not less man wtnty nor more than forty days
| from t1s date theTeof,<ie re;urn5ay to be named
IN the citation, which shall be served and returned
by the Sheriff or other roper Otlcer. as In case OF
|
Stale.
SIC. ,. But if such executor, administrator, or
guardian, shall reside Of this State. the cUuIt
being satisfied OF thai TACT, eiter before or after
the return OF the citation, may order such rolre-
sIdent To be brought into court. BY publication il
some n wspaper Of the county IN which the peIi-
ton held, Tor six consecutive weeks be lore tie
urIe fixed Tor the hearing ot sId cause; or IN case
no ne sSpaper be published in the COUNTY,, then To
| b. published in some newspaper having general
circulation IN sand county
SIC J. On The rrIuFn OF the citation served, or
L., aCINlce vi notice hv publication Jrysaid,
Tie caits; shall be considered ready 1r hearing,
uiiltss ."r good cause shown bV either party the
sam, s..l ,UiIIJGed tor trial and ind zmeEt
in oii.i e%---ei eoiiinGauce ana il no gJOi
e"''S- b -tJ"l, III defence of the claim OF the
amin N suc,i petI lUn il shJ l. be lawful for such
Iiooatr COnTi TO TtE,iCr Judgment IL fsvor OF suc
plain Ia agII;is; stiei: cu;Or, administrator, or
g''ii;IlIn, ioF the aIiIOuht found be due To the
pctl'lcI' r and remaining unpaid, upon tho settle
nieili aid order Oi distribution, aioresad, with
The interests and costs of suit and to award execu-
uOn lheTeon as IN other cases OF Iudgments which
execution shall be served and returned, by the
Sherl!i or other proper officer, in all respects as
executions are, issued from the Courts of Common
Pleas, aud all 'dgrnents rendered under this act
snail nave Ike Lens upOh tie real estste the
parties, as Judgments rendered i'll the Common
FiSas, anu governed In .ail resp. cts by the
rules.
sEc. 4. Ii the amount coming TO any heir, Legal
lee, widow, or other diStrib1ee, under sucl order
Oi distribution snail be uncertain, or in dispute,
Ut pehGIng upon the construction OF any devise. be-
quest, conveyance, contract, OF advancement, or
SpOh any OtlIel question the Probate Judge NAV
near and determine all such questions nGcssSary
10 ascertain and hx the amount Cue the plaintiff
sueh petition ani ii necessary to near anI dsisl-
PrrrriCs Interested Aforesaid, in such order of
distribution, and for that purpose the Probate
Court Is hereby authorized TO cause all the heirs,
iegaees, or other distributes, parties in interest
E b. d. n-rfI... IA
the same is necessary, b. amt nded
sup, Elemental petition and service of notice, as IS
prov ded in the first and second sections of this Il,
and IN such case 10 render Juigfi nj and award
execu ton against such executor, adiniHisratvr. or
guardian in favor OF III parties rsspscti f1rtie
amount. respectively found due ihell. win the in
teresr and costs, unless the should be OF o1i1
ion the Gusts should be paid oul c the estate order
ed ta I, distributed, OF by The ptrties, in which
case such order sha be made respectingi ths costs
as shall seem equitable.
SIc j. In all Gases under this act the Probate
Court before which any proceeding shall be pend
ing sha Il ON motion OF any of the parties 10 said
proceeding. cause The same tO be Reserved and
sent to the Court of Common Pleas th.; county
Tor trial. and Judgment and execution. and in case
1f such reservation il shall be the duty Of the Pro-
bate Judge, forthwith 10 make out transcript uf
MS proceedings In the cause. so tar as he has pro-
yressed in the same, which together with the petit
ion. and all other papers IN the ca1se. shall be
orthwith field with the clerk Ot Court OF Common =
Pleas OF the county I'm which the csuSe IS COM
nenced and said cause shall thereafter De carried
In lo final Judgment ami execution in sail Court
,i Common Pleas in all spects as though the
SAME had been originally commenced there, as in
JIhsr civil aC;Is, uusr 1rJTISlJilS Jt ;e c0ds
}. civil pore lure.
SIC g. The Court Of Common Pleas shall have
.sncarreni original jurisdiction with the p-,.0a,a
;our;, ali cases provided or in the hrst, second,
bird aEd curh sections OF this Set and any credi-
or gaiep. willow ~ u i'r di-:ribTtee. Is atOrc-
triD r;V nrIl 4 hi Ot
non plt of the proper county, ag1inst such ox3-
utor administrator, or guardian, tor his or her
hare OF the estate, upon such settlement and or
Ter Of distTibutinn. in the same maIGer rs Other
ivil actions. and pT9cesd therein 10 'al judgment
md execu.i)n, and be gOverHsg, IL all respects -
lpon other civil actions, under the code OF civil
roc, ture AMI csus. all pSrseas Interested IN
al Causes, as heEs. egateSs a triEutees-oT 0er-
SSe to be nIadetpal ties u aay sciI)1 aiSTssa!t.,
il shall be deeifr3 Necessary in order to n i.ill
md complete settlement AMI adjustment ot the
ightS OF the partis in the SIMS m nm as other
ivi aciilns, " IL ig power and nulho-i;y 90 ssi-
Il, ami determine the rights e. tie parties. AMI
cad Judgment AMI await rxecu .iJa u,sce'n "a
u Oth1f ca e.
SIr :. The su-eiiss of svarv suc. ~ c,'.Or, at-
uiui,trator or suar..ila- shall moreover be IIJe
,pJi the oliica COd o thr tx HdGI!iiisEas-
IT. u g,lli,!iln. as Iin.! whom any Judgment may
Ne rendered under the Provisions at this act eIher
u the probate cuuIt, court OF common pleas and
uch sareues may be made parties TO any such
Judgment By petition /; ZION be commenced
nj prosecuted in the same m inner as il provided
n Ills act tor the commencement and prosecui-
ny causes, against executors, Administrations, or
uardians. 10 tinai Judgment and execution: Pro
idgd that in all cases in which service of process
hai have Dcrn made upln such ,xecut0r. sdiniB-
,iraios, or guayiians by .ubicatioa as provided
ciiOn , lns surety shall 10 leruIit' 4 - mIAf
ls same defence II CN cuIJI, ai!lili trltJr Sr
u~rdian could have made
Sgc. $. Any executor admins rator, or guar
i'm may maintain i civi; action in the court OF
In:aiJl pleas, ,i.:St tla creditors, i;less ~
" other tl,IeS. aSSi1T tac direction
Judgment ot the cOu.t. in aly mater respecting
le trust, estate, or prO?try "a be adwiai> tered,
nd the rights Of the p1rticS ii inter =, in the
annvr, and as fully Is was ior.ncily entsrel in
IuTiS OF chaGcuTy.
Src @ Appeals shall b. allowed !con any 6arl
der, Judgment, or d cree ct ihs probate cnHt u
e cnurt OF common pleas, by anv prison against
lom any such order, judSm NJ. or deerer NAV be
AZ e, or who may b. atfec,e I hereby, IN he
ina,r Is prO,Id5d ior ap eIls from the prob re
rII. IN she entitled IAN act supplementary ~
e act entitled 'an act defnin.. the ~ di uon ami
gulaung the practice o. probate courts " pas ryi
arch IA, lS5S, and TO amend said act, pass Nav
1854. Appeals shIli also be allowed tom aav
Ter or lud snent Ot he eouri D! esaffau psas, IN
&c manner, 70 the jiSir e. cours in proceedings
l,er this act, BY any person against WHOM anv
Ch judgment IT ordeT may DC rendered @. who
az b. Effected 'hcreby, To the ssme extrni aad in
c same manner as Is provided for Appeals iin1ne
Z CDlulon pleas II uliIrr eIScS, ald bills ~ rN- a.
pti1tiS may Dc toGen " 1Ne! rpol any Ceci>lUl
Ii,y probate court, court o clm 'tol pleas, or
str CT court, in proceedings uud,E this aet, Us ia
her cases.
SIC. 10. Thi> act shall Apply to all eases o.
"a tts now set'i,d, or in course oi s-ttitmrnt -
oil these thai may herta tor settled. & To all
uses or suits now peuGing respecting any mat
prov ided ior IN tins act
SKc. a.. That .he ac; entisled an act ioE the
D,e speedy collection OF dsb $ &c., frcsn exrcI-
IS administrators, and guruians in eer,an cases,
sscd Marcia Is, 1851, be aud the same Is hereby
pesled. This act io take effect and ie in tOrce
,m and after It's pis- age.
n. H. VAN WORRIES,
Speaker Of The House 1T Representatives
THOMAS II FORD.
Pr,si.eai al the San-I,
April l7,h, 1857.
AUDiroR's 0FFi,K,l
ST. ClairsVi.le I