Legal Opinion

Katz v. Ohio National Bank

Ohio Court of Appeals

Decided June 10, 1935No. 2491PublishedCited by 1 opinion

1Opinion of the Court

*22OPINION

By BARNES, PJ.

A VERY VITAL QUESTION FOR DETERMINATION IS WHETHER OR NOT EITHER GENERALLY OR UNDER THE PARTICULAR FACTS IN THE INSTANT CASE THE EXECUTORS HAD THE POWER TO OPERATE THE STORES AS' GOING CONCERNS.

Sec 10697, GC, prescribes that executors or administrators shall sell the whole of the personal property belonging to the estate which is liable for payment of debts within three months after the date of his bond. The rule in Ohio as well as in all other jurisdictions to which our attention has been called is very definite that executors and, administrators do not have the right to…

2Cases cited1 opinion

  1. Atkinson v. BeckettWest Virginia Supreme Court · 1890

3Cited by1 opinion

  1. Markland v. YounkerOhio Court of Appeals · 1957

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