Hayes v. Peak

OPINION

By MONTGOMERY, J.

It was conceded in open court by counsel for plaintiff in error that the executor is a necessary party in the contest of a will, and in fact this is so provided by §12080 GC.

Attention is directed to this section of the Code and also to §11230 GC, and to the cases of McCord v McCord, 104 Oh St, 274; Myers, Executor v Hogue, 45 Oh Ap, 331, (15 Abs 174); and Sours v Schuler, 36 Ohio Law Rep., p. 544, (12 Abs 108), all of which authorities were commented upon by counsel, but which taken together we deem conclusive of the present controversy. It is true that the instant…