Ardrey v. Shell

Citations

• 77 Ohio St. (N.S.) 218

Syllabus

<p>Notice of appointment of executor and administrator — What shall he evidence thereof — Section 6o8g, Revised Statutes — Two years’ limitation of actions by creditors — Begins to run, when — Section 6113, Revised Statutes.</p> <p>The filing in the probate court of proof of publication of notice of appointment by an executor or administrator, required by section 6089, Revised Statutes, is a mode of perpetuating the evidence of such notice, and is for the convenience and protection of the executor or administrator. It forms no- part of the notice to creditors required, to be given within three months after the giving of bond, and is not for the benefit of creditors. Hence, where such notice is duly given by publication within three months after the giving of bond, although proof of such publication is not filed in the probate court until after the expiration of a year from the giving of the bond, the two years’ limitation within which actions may be brought provided by section 6113, Revised Statutes, will begin to run from the date of the giving of the bond.</p>