Legal Opinion

Curtis v. Administrators of Lynch

Ohio Supreme Court

Decided December 15, 1869Published

Error to the court of common pleas of Stark county. Reserved in the district court. Henry B. Curtis, as administrator de bonis non, with the will annexed, of William Christmas, deceased, on January 13, 1866, filed a petition in the court of common pleas against the administrators of Arnold Lynch, deceased, stating, in substance, that on the 8th of December, 1842, Lynch was appointed and qualified as administrator of Christmas, and as such received large sums of money…

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Error to the court of common pleas of Stark county. Reserved in the district court. Henry B. Curtis, as administrator de bonis non, with the will annexed, of William Christmas, deceased, on January 13, 1866, filed a petition in the court of common pleas against the administrators of Arnold Lynch, deceased, stating, in substance, that on the 8th of December, 1842, Lynch was appointed and qualified as administrator of Christmas, and as such received large sums of money belonging to the estate of Christmas, and continued to act as such administrator until the 20th of December, 1856, when he…

1Opinion of the CourtDay, J.

The suit was brought by the administrator de bonis non of the estate of Christmas against the administrators of the estate of Lynch, to recover the amount found, by the probate court, to be due from the estate of Lynch to the estate of Christmas, on an account rendered by the administrators of Lynch of their decedent’s administration of the estate of Christmas, who died while in office, without having rendered his account with the estate.

It is claimed that the action may be maintained for the *398balance found due to the estate of Christmas on the finding of the probate court, either as a debt of…

2Cases cited3 opinions

  1. Storer v. StorerMassachusetts Supreme Judicial Court · 1810
  2. Young v. KimballIndiana Supreme Court · 1846
  3. Finn v. HempsteadSupreme Court of Arkansas · 1863

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