Retterer v. Retterer

OPINION

By GUERNSEY, J.

It is contended by the plaintiff in error that upon the facts and record in this case, the Common Pleas Court had jurisr diction of said action in partition, and that its order - and judgment dismissing said petition is contrary to law, The determination of this question involves the construe*395tion and interpretation of the following sections of the General Code, to-wit:

Sec 10510-3 GC.

“As soon as an executor or administrator ascertains that the personal property in his hands is insufficient to pay all the debts of the deceased, together with the allowance to the widow and…