Court of Common Pleas of Ohio, Hamilton County July 1, 1901 (In re Estate of De Serisy)

S. W. Smith, J.

In this case heard on appeal from- the probate-court to vacate and set aside the journal entry and certificate of indebtedness of the executor in the above estate relating to the obtaining of a certificate by the executor as to the debts of the estate for the purpose of filing the same in a partition suit in the common pleas court, the-court is of the opinion that under the law