Marshall v. Heckerman

Citations

• 103 Ohio St. (N.S.) 559

Syllabus

<p>Administrators and executors — Who may challenge appointment — “Person interested” construed — Section 10629, General Code — Decedent nonresident of county — Section 10604, General Code — Collateral or direct attack — Motion to revoke appointment.</p> <p>1. One claiming the estate of a decedent is among the class of “persons interested” within the meaning of Section 10629, General Code, who are entitled to attack the appointment of an administrator.</p> <p>2. Such person may challenge the appointment, if made in a county wherein the decedent was not an inhabitant or resident at the time of his death, as required by Section 10604, General Code.</p> <p>3. A motion to revoke the appointment under the former section is not a collateral but a direct attack upon the appointment, when such motion is filed under favor of that section and in the same court wherein letters of administration were granted.</p>