Ohio § 2127.39 When proceeds of sale marshaled in conformity with will

Ohio Statutes

§ 2127.39 — When proceeds of sale marshaled in conformity with will

Ohio § 2127.39

Title 21Courts-Probate-Juvenile

Ch. 2127Sale Of Lands

This text of Ohio § 2127.39 (When proceeds of sale marshaled in conformity with will) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 2127.39 (2026).

Text

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.

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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.