In Re Estate of Fuller

Mattie L. Fuller died on December 23, 1958, and on January 9, 1959, Mark Fuller was appointed executor of her last will and testament. At tbe time of tbe death of Mattie L. Fuller, there was pending and at issue in the Court of Common Pleas of Medina County, an action against Mrs. Fuller for personal injuries alleged to have been suffered by Denna Jaycox, a 13-year-old child. The action brought by Denna Jaycox of necessity was instituted by her next friend, in this case her mother, Catherine Jaycox.

No application for revivor of her pending action was filed by Denna Jaycox within the time…