Jones v. Willis

Citations

• 72 Ohio St. (N.S.) 189

Syllabus

<p>Executor of will — Not required to give bond — Indebted to Ms testator — Dies while in office without having inventoried indebtedness — As asset of testator’s estate — Administrator of deceased executor appointed — Administrator reports no assets of testator came to deceased executor — Section 6175a, Revised Statutes — Legatees of will claim amounts due testator from executor — Said indebtedness held to be money in hands of executor — That probate court had jurisdiction over administrator of executor — Settlement of estates — Probate procedure — Rights of legatees.</p> <p>An executor of a will, which dispensed with his giving bond and who gave none, was, at the time of his appointment and qualification as such executor, indebted to his testator in a considerable sum which was due, and he died while in office, without having inventoried the amount of said indebtedness as a part of the assets of the testator’s estate, and before an account was due or filed. An administrator of the estate of the deceased executor was appointed, who was cited by the probate court of the county where he was appointed, to render an account of the administration of the deceased executor as required by section 6175a, Revised Statutes, and in response to tbe citation, tbe administrator reported to the court in writing that no assets or property of tbe estate of tbe testator ever came into tbe bands of tbe deceased executor, and that at the death of the latter, be bad none of tbe assets of said estate in bis bands.</p> <p>To this report, legatees under tbe will filed exceptions, which set out tbe character and amounts of tbe indebtedness due from tbe executor to tbe testator at tbe time of tbe former’s appointment, which exceptions were beard on evidence, and upon such hearing tbe probate court found tbe amount sp due, and charged tbe same against tbe estate of tbe executor. All the debts of the testator bad been paid and the court ordered tbe administrator of tbe executor to pay tbe amoun