Ardrey v. Shell
Ohio Supreme Court
Error to the Circuit Court of Perry county. The defendant in error, Emma R. Shell, commenced an action in the court of common pleas of Perry county, October 21, 1904, to recover against the plaintiffs in error, R. G. Ardrey and M. T. Huston, as executors of Sarah Thompson, deceased, upon an account for personal services alleged to have been rendered during the life of the testatrix from May 6, 1898, to August 17, 1899, the claim having been rejected October 20, 1904. Among…
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Error to the Circuit Court of Perry county. The defendant in error, Emma R. Shell, commenced an action in the court of common pleas of Perry county, October 21, 1904, to recover against the plaintiffs in error, R. G. Ardrey and M. T. Huston, as executors of Sarah Thompson, deceased, upon an account for personal services alleged to have been rendered during the life of the testatrix from May 6, 1898, to August 17, 1899, the claim having been rejected October 20, 1904. Among other defenses interposed was the following : “Defendants say that they were duly appointed executors by the probate…
1Opinion of the CourtSpear, J.
It appears by the record that the executors were appointed, gave bond and so qualified as such, June 21, 1902. They thereupon caused to be published notice of their appointment in the New Lexington Tribune, a newspaper published and of general circulation in the county of Perry, for three consecutive weeks, beginning June 26, 1902, and continuing in the issues of July 3 and July 10 following. Proof of this publication was filed in the probate court August 24, 1903, and not before. As mentioned in the statement, the plaintiff’s action was commenced October 21, 3904, being two years and four…
2Cases cited2 opinions
- Amy v. City of Watertown.U.S. Circuit Court for the District of Western Wisconsin · 1884
- Green v. GillMassachusetts Supreme Judicial Court · 1811