Legal Opinion
Smith v. Klem
Ohio Supreme Court
Decided July 13, 1983No. 82-1456PublishedCited by 39 opinions
1Opinion of the CourtCook, J.
The issue presented is whether amendments adding necessary parties may be made to a complaint in a will contest action and relate back to the date of the original filing pursuant to Civ. R. 15 (C).
Prior to January 1, 1976, will contest cases were governed by R.C. Chapter 2741. R.C. 2741.02 listed all the necessary parties to such an action. R.C. 2741.09 required such an action to be brought within six months after the will was admitted to probate.
Based upon the provisions of R.C. Chapter 2741, it was well-settled in this state that the right to contest the validity of a will required the…
2Cases cited8 opinions
- Cassidy v. GlossipOhio Supreme Court · 1967
- Baltimore & Ohio Rd. Co. v. BaillieOhio Supreme Court · 1925
- State ex rel. Smith v. Court of Common PleasOhio Supreme Court · 1982
- Cleveland-Akron Bag Co. v. JaiteOhio Supreme Court · 1925
- DeLozier v. SommerOhio Supreme Court · 1974
3 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Robert Lee Norris v. James Schotten, WardenCourt of Appeals for the Sixth Circuit · 1998
- Estate of William R. Barney, J v. PNC Bank, National AssociationCourt of Appeals for the Sixth Circuit · 2013
- Akron-Canton Waste Oil, Inc. v. Safety-Kleen Oil Services, Inc.Ohio Court of Appeals · 1992
- Baab v. AMR Services Corp.District Court, N.D. Ohio · 1993
- State ex rel. Heck v. KesslerOhio Supreme Court · 1995
34 more not listed; retrieve them via the Exa API.