Peters v. Moore

The Court of Appeals relied ou the decision of this court in the case of Draher v. Walters, 130 Ohio St., 92, 196 N. E., 884, in which the syllabus reads as follows:

‘ ‘ Service of summons upon one of the legatee-devisee defendants, in an action to contest the validity of a will, is to be deemed commencement of the action as to each of the defendants of that class, and also the executor. Actual service of summons can thereafter be made upon the remainder of the defendants of that class.”

Two additional decisions of this court are discussed at length by counsel. They are the earlier cases of…