Stout v. Stout

Citations

• 82 Ohio St. (N.S.) 358

Syllabus

<p>Administrator's right to subject lands of intestate — To payment of debts of estate — Superior to rights of heirs at law — Heirs at law suing for land partition — Must give bond under Section 6146, Revised Statutes.</p> <p>1. The right of an administrator to subject the lands of his intestate to the payment of the debts of the estate is superior to the right of the heirs at law to have partition of such lands.</p> <p>2. So soon as the administrator has ascertained that the personal estate in his hands will be insufficient to pay all the debts, etc., of the estate, it is his duty to forthwith apply to the probate or common pleas court for authority to sell the lands for the payment of such debts, and in such case the heirs at law can prevent a sale and have partition of the lands only by giving bond for the payment of debts, etc., as provided by section 6146, Revised Statutes.</p>