2127.39 When proceeds of sale marshaled in conformity with will. - Ohio Statutes

2127.39 When proceeds of sale marshaled in conformity with will.

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