McMahon v. Ambach & Co.

Citations

• 79 Ohio St. (N.S.) 103

Syllabus

<p>Settlement of estate of decedent — Allowance to administrator — For extra services — Part of account — Cannot take effect until court acts after notice — Exceptions to allowance — Constitutes direct attack — Subject to review.</p> <p>1. The statutes of the state bearing upon the settlement in the probate court of the estates of deceased persons, taken together, show that the allowance to an administrator for extraordinary services in the settlement of the estate is part of the statement of his account, and is to be considered by the court accordingly.</p> <p>2. Whether the allowance is in fact made at the time of or prior to the filing of a settlement account, such allowance cannot take effect as prejudicing the rights of others interested in the settlement of the estate who have not had notice until the court, after legal notice, acts upon the settlement account itself.</p> <p>3. Exceptions to such allowance in the account by creditors constitute a direct attack on the allowance, and not a collateral attack, and the allowance is then subject to review upon the exceptions the same as any other disputed item of the administrator’s account.</p>