The Perrysburg journal. [volume] (Perrysburg, Ohio) 1853-1861, 1857-07-30

IUB bHdTTi any pHTI1VS
proceeding cause the same TO be reserved aud
sent to the Court of Common Pleas Of that county
Iur trial, aud Judgment, and execution, and in
case OF such reservation it shall be the duty OF
the Probate Judge, forthwith to make out tran
script of his proceedings in the cause lar 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 commenced and said cause shall
thereafter be carried on to final Judgment and exc.
cution in said Court of Common Pleas, in all re-
spects as though the same had been originally
commenced there, as in other civil actions. under
the provisions Of the code of civil procedure.
Sec. 9. The Court of Common Pleas shall have
concurrent original jurisdiction with the Probate
Court in all cases provided for in the first second,
third and fourth sections Of this act, and any
creditor, legatee, widow, other distributee, as
aforesaid, may bring civil action in the Court of
Common Pleas of the proper county, against such
executor, administrator, or guardian, for his her
share of the estate upon such settlement and order
of distribution. in the same manner 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 in
said cause, heirs, legatees, distributes, 9TH
erwise, to be made parties to any action aforesaid,
if it shall be deemed necessary, in order to full
and complete settlement and adjustment of the
rights Of the parties in the same manner as other
civil actions, with full power and authority to set
tie and determine the rights Of the parties, and
render judgment and award execution thereon as
| in other cases.
| Sec. I The sureties of every such executor, ad
ministrator or guardian, shall moreover be liable
upon the official bond of the executor, admins
TRAITOR, or guardian, against whom any Judgment
may be rendered under the provisions ol 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 action to be
commenced and prosecuted in the same manner as
is provided in this act for the commencement and
prosecuting causes against executors, administra-
tors, or guardians, to final judgment and execu
tion Provided, that in all cases in which service
of process shall have been made upon such execu-
tor, administrators, or guardians by publication as
provided in section two, the surety shall be per.
mltted TO make the same defence as the executor,
| administrator or guardian could have made.
Sec. g. Any executor, administrator, or guar.
dian, may maintain civil action in the court of
common pleas, against the creditors, legatee', or
distributes, other parties asking III direc.i IN
! or J1dgn MT OF the coert in any matter respect
the ust, estate, or property to be administered,
| and the rights OF the parties in iHteress in tae
same mAnner, and as fully as WAS formerly enter.
| tanned in courts of chanceiy.
Se1 ,. App ais al b. allowed from any final
Order dgm.nt, or decree of the prob ,ts court to
the court Of cpmnom pleas, hy any person AZ rinst
whom any such order, iud gma mt or decree mlY be
made, or whD may be afectei til re5y, in the same
manner as Is provided for appeals from tie probate
I
to the act entitled an act defining the jursl ction
and regulating the practice Of proba'e courts,
passed March II, 1853, AMI to amend said acs,'
passed May /, 1851 Appeals shall also be al
lowed from any order or judgment of the co lrt
of commIn pleas in like manner, to the district
court, i'll proceedings under this at, by any per.
son agam-t whom any such jud sment der m ~
be rendered, or who may be tfected thereby, to
the same extent and in the same manner as i pro.
vided for appeal, from the comm N cas- ia
other cases, and bills of exceptions may be take
aud u lowed upon a,y decision of th3 r bate
court, court of common pleas. district court, in
| proceedings under this act other cases.
Sc. 10. This act shall apply 10 all Gaze, of e'
tates now settled, or in course of settlement, as
well as those that may hereafter be settled, and to
all causes or suits now pending, respecting any
matter provided for in this act.
Sec. IL. That the act entitled an act for the
more speedy collection of debts, DC; from xecn-
tors, administrators, and guardians in certain
ises, passed March lS, 1851. be aud the same is
hereby .epcaleI. This act shall take effect and be
III force from and after its passage
N H. VAN WORRIES,
Speaker of the House of Representatives.
THOMAS II. FORD,
President of the Senate.