Bynner v. Jones

By the Court.

This case is similar to that of Peters v. Moore, ante, 177, this day decided, and was certified to this court by the Court of Appeals for Franklin county on the ground of conflict with the judgment of the Court of Appeals for Pickaway county in the case of Bockert v. Bockert, 82 Ohio App., 274, 81 N. E. (2d), 549, and the judgment of the Court of Appeals for Lucas county in the case of Morisse v. Billau, 70 Ohio App., 215, 45 N. E. (2d), 798.

In the instant case no one was made a party in the fiduciary capacity of executor, and no precipe was filed or summons served on anyone in…