Winn, Admr. v. McCoy, Exr.

OPINION

By STEVENS, J.

In a wrongful death action against Charles Arthur McCoy, a judgment by default was entered in the Court of Common Pleas of Cuyahoga County on January 24, 1918, in favor of Frank E. Boden, administrator of the estate of George A. Boden, deceased.

Said judgment was never satisfied and was allowed to become dormant.

On June 15, 1938, John McCoy, of Norwalk, Ohio, died, leaving a will which disposed of a substantial estate. One of the residuary legatees and devisees named in said will was Charles Arthur McCoy, who was also appointed executor of the estate of said decedent by…