Johnston v. Schwenck

Citations

• 99 Ohio St. (N.S.) 59

Syllabus

<p>Executors and administrators — Resignation—Section 10627, General Code — Validity of appointment of successor — Abandonment or termination of trust — Effect of filing final account— Appeal to common pleas court — Proceedings to remove administrator— Section 11206, General Code.</p> <p>1. The receiving of the resignation of an executor or administrator by the probate court appointing such officer, and the filing of the document by the judge thereof, followed by the appointment of a successor, is a sufficient compliance with the requirements of Section 10627, General Code, and the new appointment so made is in all respects a valid one.</p> <p>2. The filing of an account in the probate court by an executor or administrator, denominated “Final Account,” does not operate to terminate the trust, as long as there remain assets under his jurisdiction subject to the payment of valid debts of the decedent, and the failure of the fiduciary to proceed with the administration of the trust, while under some circumstances may justify a removal of the officer, does not constitute, ipso facto, an abandonment of the trust.</p> <p>3. A proceeding filed in the probate court to remove an administrator de bonis non for the reason that his predecessor was still rightfully in office is appealable under favor of Section 11206, General Code.</p>