Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1857-05-28

all cases provided for in the first, second,
third, and fourth sections of this act,
and any creditor, lcgatec, widow, or
other Distribute, as aforesaid, may
bring a civil action in the Court of Com
n.on Pleas of the proper county, against
such executor, administrator or guardian,
for his or her share Of the estate, upon
such settlement and order of distribu-
ton, in the same manner as in 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 in
terestcd in said cause, as heirs, legatecs,
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 adjustment
of the rights of. the parties, in the same
manner as other civil actions, with other
power and authority to settle and deter
mine the rights of the parties, and rem
der Judgment and award execution
thereon as in other cases.
SEC. Z. The surcties of every such
executor, administrator, or guardian,
SLdl1 I1IO1SOhCl DS IliDlC uDOn liIC OLlClCtI
bond of the executor, administrator, or
guardian, against whom any Judgment
may be rendered under the provions of
this act, either in the Probate Court, or
Court of Common Pleas, and such sure
ties may be made parties to any such
Judgment, by petition or action to be
commenced and prosecuted in the same
ann as provided in this act for the
commencement and prosecuting causes,
against executors, administrators or
guardians, to final judgment and eXecu
ton Provided hat in all cases in
which service of process shall have been
made upon such executor, administra-
tors or guardians by publication as
provided in section ?, the surrey shall
be permitted to make the same. defense
as the executor, administrator, or guar
dian could have made.
Sec. s. Any executor, administra-
tor, or guardian, may maintain a civil
action in the Court of Common Pleas,
against the creditors, Iegatees, of dis
tributes, or other parties, asking the
direction or Judgment Of the court in
any matter respecting the trust, estate,
or property to be administered, and the
rights of the parties in interest, in the
same manner, and as fully as was for
merly entertained in courts of chancery.
SEC. 8. 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 be affect
ed thereby, in same manner as provided
for appeals from the Probate Court, in
the act entitled "an act supplementary
to the act entitled an act defining the ju-
risdiction and regulating the practice of
Probate Courts, passed March II, 1853.
% amend said act passed May l, 1851.
shall also be allowed from any
order or Judgment of the Court of Com
mon Pleas, i'll like manner, to the Dis
trict Court, in proceedings underthis act,
by any person against whom any such
Judgment or order may be rendered, or
who may be affected thereby, to the
extent and in the same manner as
S provided for appeals from the Com
mon Pleas in other cases, and bills of
exceptions may be taken and allowed
upon any decision of the Probate Court,
Court of Common Pleas, or District
in proceeding under this act, as
N other cases.
SEC. 10. This act shall apply to all
Eases of estates now settled, or in course
IF settlement, as well as those that may
hereafter be settled, and to all causes or
iuits o pending, respecting any mat
cr provided for in this act.
Sec. II. That the act entitled all
lct for the more speedy collection of
lebts, etc, from executors, administra-
ors, and guardians i'll certain cases,
passed March IS, 1851, be and the
'ame is hereby repealed. This act to
axe effect and be in force from and
Lfter its passage.
JOSEPH TRUESDALE,
speaker pro tenn, of the House of Reps.
THOMAS II. FORD,
President Of the Senate.
April II, 1857.