Beverly v. Beverly

Draher v. Walters (1935), 130 Ohio St. 92, when combined with the much earlier, well-reasoned case of Bradford v. Andrews (1870), 20 Ohio St. 208 (see paragraph 1 of the syllabus thereof) upon which Draher heavily relies, stands for the following sound legal principle which is universally recognized.

Where a proceeding for a contest of a will is commenced within the statutory period of limitations, although only some of the necessary parties interested (R. C. 2741.-02) are made parties of record or served with summons within the statutory period, notwithstanding that some of them are not made…