The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1857-05-28


cause shown BY either party the same shall
be continued for triai judgment, as in other
eases OF continuance. and il no good cause
be shown. in defence Of the claim Of the
Plaintiff in such petition. il shall be lawful
for such Probate Cour, TO render judgment
10 favor Of such plaintiff. against such exc.
cutor. administrator. or guardian, for
the amount found TO be due to The pc.
ulioner. and remaining unpaid. upon the
settlement aud order of distribution, as
Aforesaid. with the interest and costs Of
suit, and to award execution thereon as in
other cases Of Judgments. which execution
shall be served aud returned. by the
Sheriff or other proper officer. in all res.
poets as executions are, issued from the
Courts Of Common Pleas, and all judg-
msnIs rendered under this act shall have
like hens upon the real estate Of the parties
MS judgments rendered in the Common
Pleas, and governed in all respects by the
same rules.
SEC a. II the amount coming to sny
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 aud determine all such
questions necessary to ascertain and ix the
amount due the plaintiff in such petition,
and if necessary to hear and determine.
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 authorized to
cause all the heirs. legatees. or other dis
tributees. parties, in interest, to be made
parties to said peiition, when the same is
necessary, by amended or supplemental
petition, and service Of notice, as is ptov-
ded in the first and second sections of this
act. and in such case to render judgement
/ aud award execution against such execu-
tor, administrator, or guardian, in favor
of the parties respectively. for the amounts
respectively found due them, with the in.
tereS: and costs unless the court should ba
OF opinion the costs should be paid out Of
the estate ordered to be distributed. or by
the parties, in which case such order shall
be made respecting the costs as shall
seem equitable.
Sec. 5. In all cases under this act the
Probate Court before which any proceed
ing 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 execution, and
in case of such reservation it shall be the
duty of the Probate Judge, forthwith to
make out a transcript of his proceedings
in The cause, SO far as he has progressed
in the same, which together with the petit
ton. and all other papers in the cause, shall
be forthwith fled with the Clerk of the
Court of Common Pleas Of the county in
which the cause is commenced, said cause
shall thereafter be carried on to final judg-
meut and execution in said Court of Com
mon 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 proee.
/ dure.
SEC. s. The Court OF Common Pleas
shall have concurrent original jurisdiction
with the Probate Coart, in all cases prov-
ded Ter 10 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 proper
county, against such executor, admin
isuator, or guardian for his or her share
Of the 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.
cuton, 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, as heirs, legatees
distributes, or otherwise, to be made
parties to any action aforesaid, if it shall
be deemed necessary, in order to full
and complete settlement and adjustnnentof OF
the rights Of the parties, in the same man
ner as other civ; actions, with full power
and authority 10 settle and determine the
rights Of the parties, and render judgment
aud award execution shsreon as in other
cases.
SEC 7. The sUreties of every such
executor, administrator, or guardian. shall
moreover be liable upon the official bond
Of the executor, administrator, or guardian
against whom any judgment may be
rendered under the provisions of this act
either in the probate court or court ol
common pleas, and such sureties may be
made parties to any such judgment by pc.
titiou or action to be commenced and
prosecuted in the same manner as is pro
vided in this act for the commence mem
and prosecuting causes, against execute rs
administrators. or guardians, to final judy
ment and execution: Provided that in
all cases 10 which service OF process shall
have been made upon such executor, ad
minis!rators, or guardians by publication
as provided in section &, the surety shal
be permitted TO make the same defence q,
the executor, administrator or guardian
could have made.
SEC 8. Any executor, administrator
or guardian. may maintain civil actor
in the court of common pleas, against thu
creditors. legatees, or distributes or oIhe
parties, asking the direction or judgOen
Of the court, in any matter respecting ttt
trust. estate, or property TO be administer
ed. and the rights OF the parties in ;nteres
T 10 The same manner. and as fully ss wa
formerly entertained in courts Of chan
gerry. H
SEC. 8. Appeals shall be allowed from
any final order, judgment. or decree 0
the probate court to the court OF commo
pleas. BY any person against whom an.
such order, judgment, or decree may b
made, or who may be affected thereby, i
the same manner as is provided for appeal