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2011 Ohio Revised Code
Title [21] XXI COURTS - PROBATE - JUVENILE
Chapter 2127: SALE OF LANDS
2127.39 [Effective Until1/13/2012] When proceeds of sale marshaled in conformity with will.


OH Rev Code § 2127.39 What's This?

When an action to sell real estate is brought by an executor or administrator with the will annexed, if in the last will of the deceased there is a disposition of his estate for the payment of debts, or a provision that may require or induce the probate court to marshal the assets differently from the way the law otherwise would prescribe, such devises, or parts of the will, shall be set forth in the complaint, and a copy of the will exhibited to the court, whereupon the court shall marshal the proceeds of the sale accordingly, so far as it can be done consistently with the rights of creditors.

Effective Date: 01-01-1976

This section is set out twice. See also § 2127.39, as amended by 129th General Assembly File No. 52, SB 124, § 1, eff. 1/13/2012.

2127.39 [Effective1/13/2012] When proceeds of sale marshaled in conformity with will

If an action to sell real property is brought by an executor or administrator with the will annexed, if in the will of the deceased there is a disposition of the decedent’s estate for the payment of debts, or a provision that may require or induce the probate court to marshal the assets differently from the way the law otherwise would prescribe, those devises, or parts of the will, shall be set forth in the complaint, and a copy of the will exhibited to the court, whereupon the court shall marshal the proceeds of the sale accordingly, so far as it can be done consistently with the rights of creditors.

Amended by 129th General Assembly File No. 52, SB 124, § 1, eff. 1/13/2012.

Effective Date: 01-01-1976

This section is set out twice. See also § 2127.39, effective until 1/13/2012.

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