The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1857-05-21
No. 161. AN ACT

l-o AIN ACI Nm
TO provide for the more speedy collec.
ton of Claims of Creditors, Legatees.
and Distributes of Executors, Admin.
istrators, and Guardians, and to de-
fine the jurisdiction of the Court oil
Common Pleas, and Probate Court, in
certain cases.
SECTION /. Be IL enacted 5y Tie Gene
raj Assena6ly Of the State of Ohio, Tha,
after thirty days from the time of the set.
tlement of the accounts of executors. ad
mnlstrators, or guardians, shall have
been made, or shall hereafter be made.
by the Probate Court, and an order OF
distri button made thereon, if such execu-
tor, administrator, or guardian, shall ne
glect or refuse to pay to any person, in
terested in said order of distribution. as
creditor, iegatee, widow, heir, or other
dlstrlbutee, or otherwise, when demand
ec, his or her share of the estate or pro.
perty ordered to be distributed by such
Probate Court, it shall be lawful for anv
person interested, as aforesaid, to file a
petition in the Probate Court of the coun.
ty in which the settlement and order OF
distribution is made. against the execu.
tor, administrator, or guardian making
such settlement of his or her account. as
aforesaid, briefly setting forth in the peti-
tlon the amount and nature of the claim
ofthe party fling such petition, where
upon the Probate Judge shall forthwith
issue citation against such executor, ad- :
ministrator or guardian, setting forth the
filing of the petition, the amount claimed
by the petitioner, and commanding such
executor, administrator, or guardian, to
appear before said Probate Court on the
return day thereof, to answer said peti
ton, and show cause. il any, why iudg-
ment should net be rendered and execu-
ton awarded against him or her for the
amount claimed by such petitioner. and
found to be due upon such settlement
and order of distribution, which citation
shall be made returnable not less than
twenty nor more than forty DAYS from
the date thereof. the return day to be
named in the citation. which shall be
served and returned BY the Sheriff or 9th
er proper officer, as in case of 6 sum-
mons, and may issue to any court in the
State.
SEC. 2. But if such executor. admin
istrator, or guardian. shall reside out OF
this State, the court being satisfied Of
that fact, either before or after the return
OF the citation, may order such non resi-
dent to be brought into court, by publ.
cation IN some newspaper Of the county
IN which the petition is filed, for six CON
secutive weeks before the time fixed 70,
the hearing of said cause or in case ne
newspaper be published in the county,
then to be published in some newspape,
having genera! circulation in said coun.
ty.
SEC. 3. On the return of the citation
served, or the service of notice by publi.
cation, as aforesaid, the cause shall b.
considered ready for hearing, unless 70,
good cause shown by either party th.
same shall be continued for trial and iudg
ment. as IN other cases of continuance
and II no good cause can be shown. in de
fence OF the claim of the plaintiff in sucf
petition. it shall be lawful for such Pro
bate Court to render Judgment in favor o
such plaintiff, against such executor, ad
mlnIstrator. or guardian, for the amount
found to be due to the petitioner. and re.
naming unpaid. upon the settlement and
order of distribution, as aforesaid, with
the interests and costs of suit, and 70
award execution thereon as in other cases
of judgments. which execution shall oe
served and returned, by the SheriH OF
other proper officer, in all respects as ex-
ecutions are issued from the Courts oi
Common Pleas, and all judgments ren-
dered under this act shall have like liens