Lambright v. Lambright

Citations

• 74 Ohio St. (N.S.) 198

Syllabus

<p>Administrator of estate — Has right to retain out of distributive share of heir — Amount of the debt owing to estate by such heir — Debt due from a creditor or heir is an asset of the estate, when — Settlement of estates — Laws of administrators and executors.</p> <p>1. The administrator or executor of a decedent’s estate has the right and it is his duty to retain out of the distributive share of an heir or legatee, or out of the sum due a creditor, an amount equal to the debt owing by such heir, legatee or creditor to the estate; and this right and duty exists whether the heir, legatee or creditor was indebted to the deceased before his death or contracted a liability to the estate thereafter.</p> <p>2. A debt due from an heir, legatee or creditor to an estate is an asset of such estate, and where the distributive portion of such heir or legatee or the claim of such creditor, is equal to or greater than his debt to the estate, the administrator or executor should charge himself with, and account for, the full amount of the same.</p>