In re the Estate of Tuthill

This is an appeal from a judgment of the Common Pleas Court of Hardin County, Probate Division, disallowing the claim of the fiduciary for funeral services rendered to Marie Mary Tuthill, deceased.

Marie Mary Tuthill ("decedent") diet intestate on May 3, 1977. Funeral services were provided by the appellant, Bruce Neely, doing business as Hanson-Neely Funeral Home, at the oral request of Robert Rettig, the decedent's son. Mr. Rettig made payments on the account until January 1,1980, leaving at that time an unpaid balance of $907.97. On June 21, 1988, eleven years after rendering his services,…