Beach v. Mizner

The defendant contends that the plaintiff’s petition is demurrable because it does not allege that the claim was presented to him as executor within four months after his appointment, as provided by Section 10509-112, General Code (114 Ohio Laws, 320), and contains no allegation to the effect that the plaintiff obtained leave from the Probate Court to file his claim for allowance, as provided by Section 105Ó9- 134, General Code (114 Ohio Laws, 320). Subsection 112 reads as follows:

“Creditors shall present their claims, whether due or not due, to the executor or administrator within four…