Legal Opinion · Dissent

Wilson v. Lawrence (Slip Opinion)

Ohio Supreme Court

Decided April 19, 2017No. 2015-2081 and 2016-0180Published

1DissentO’Neill, J.

{¶ 24} Respectfully, I dissent.

*375{¶ 25} There is a simple procedure in Ohio law to permit creditors to present a claim to an estate to be paid. I would hold that appellee, James A. Wilson, sent his written claim in a manner reasonably calculated to get it to appellant, William Lawrence, the executor of the estate of Joseph T. Gorman, and that a jury could reasonably conclude that he satisfied R.C. 2117.06(A)(1)(a).

{¶ 26} Wilson mailed a demand letter to Gorman’s secretary, Pat Clark, on July 11, 2013. The salutation line directed the letter to the “heirs, administrators or executors of the…

2Cases cited6 opinions

  1. Hounshell v. American States InsuranceOhio Supreme Court · 1981
  2. The State Ex Rel. Cincinnati Enquirer v. Lyons, JudgeOhio Supreme Court · 2014
  3. Johnson v. Village of New LondonOhio Supreme Court · 1988
  4. Prudential Ins. v. Joyce Building Realty Co.Ohio Supreme Court · 1944
  5. Cannell v. BulicekOhio Court of Appeals · 1983

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