2101.38 Administration when the probate judge is interested.
Letters testamentary, of administration, or of guardianship shall not be issued to a person after his election to the office of probate judge and before the expiration of his term. If a probate judge is interested, as heir, legatee, devisee, or other manner in an estate which would otherwise be settled in the probate court of the county where he resides, such estate, and all of the accounts of guardians in which the judge is interested, shall be settled by the court of common pleas of the county. In such matters and cases in which the judge is interested, the original papers shall be by him forthwith certified to the court of common pleas. In other matters and proceedings in a probate court in which the judge thereof is interested or in which he is required to be a witness to a will, such judge shall, upon the motion of a party interested in the proceedings, or upon his own motion, certify the matters and proceedings to the court of common pleas and forthwith file with the clerk of the court of common pleas all original papers connected therewith.
When a matter or proceeding is so certified, the court of common pleas, at chambers, by a judge thereof, or in open court shall hear and determine it as though such court had original jurisdiction of the subject matter. Upon final decision of the questions involved in such proceedings, the final settlement of the estate in which the judge is interested as executor, administrator, or guardian, or when his interest therein ceases, the clerk shall deliver to the probate court from which they came the original papers and make and file therein an authenticated transcript of the orders, judgments, and proceedings of the court of common pleas. Thereupon the probate judge shall record such orders, judgments, and proceedings in the proper records.
2101.38 Administration when the probate judge is interested.
Letters testamentary, of administration, or of guardianship shall not be issued to a person after his election to the office of probate judge and before the expiration of his term. If a probate judge is interested, as heir, legatee, devisee, or other manner in an estate which would otherwise be settled in the probate court of the county where he resides, such estate, and all of the accounts of guardians in which the judge is interested, shall be settled by the court of common pleas of the county. In such matters and cases in which the judge is interested, the original papers shall be by him forthwith certified to the court of common pleas. In other matters and proceedings in a probate court in which the judge thereof is interested or in which he is required to be a witness to a will, such judge shall, upon the motion of a party interested in the proceedings, or upon his own motion, certify the matters and proceedings to the court of common pleas and forthwith file with the clerk of the court of common pleas all original papers connected therewith.
When a matter or proceeding is so certified, the court of common pleas, at chambers, by a judge thereof, or in open court shall hear and determine it as though such court had original jurisdiction of the subject matter. Upon final decision of the questions involved in such proceedings, the final settlement of the estate in which the judge is interested as executor, administrator, or guardian, or when his interest therein ceases, the clerk shall deliver to the probate court from which they came the original papers and make and file therein an authenticated transcript of the orders, judgments, and proceedings of the court of common pleas. Thereupon the probate judge shall record such orders, judgments, and proceedings in the proper records.
2101.38 Administration when the probate judge is interested.
Letters testamentary, of administration, or of guardianship shall not be issued to a person after his election to the office of probate judge and before the expiration of his term. If a probate judge is interested, as heir, legatee, devisee, or other manner in an estate which would otherwise be settled in the probate court of the county where he resides, such estate, and all of the accounts of guardians in which the judge is interested, shall be settled by the court of common pleas of the county. In such matters and cases in which the judge is interested, the original papers shall be by him forthwith certified to the court of common pleas. In other matters and proceedings in a probate court in which the judge thereof is interested or in which he is required to be a witness to a will, such judge shall, upon the motion of a party interested in the proceedings, or upon his own motion, certify the matters and proceedings to the court of common pleas and forthwith file with the clerk of the court of common pleas all original papers connected therewith.
When a matter or proceeding is so certified, the court of common pleas, at chambers, by a judge thereof, or in open court shall hear and determine it as though such court had original jurisdiction of the subject matter. Upon final decision of the questions involved in such proceedings, the final settlement of the estate in which the judge is interested as executor, administrator, or guardian, or when his interest therein ceases, the clerk shall deliver to the probate court from which they came the original papers and make and file therein an authenticated transcript of the orders, judgments, and proceedings of the court of common pleas. Thereupon the probate judge shall record such orders, judgments, and proceedings in the proper records.
