Rembold v. White

Citations

• 18 Ohio C.C. Dec. 427
• 7 Ohio C.C. (n.s.) 509

Syllabus

<p>EXECUTORS AND ADMINISTRATORS.</p> <p>1. ADMINISTRATOR CONTINUING BUSINESS OF ESTATE WITHOUT AUTHORITY — CLAIMS of Heirs foe Services and Monet Advanced Allowable Against Special Assets if Contributing to the Benefit of that Part of the Estate.</p> <p>Where an administrator continues the business of the decedent in good faith, at a profit, a subsequent administrator de bonis non will not be permitted to deny the validity of claims presented by sons and heirs of the decedent on account of services rendered and money advanced in connection with the business and which .resulted in increasing that part of the estate. Lucht v. Behrens, 28 Ohio St. 231, applied.</p> <p>2. Conduct of Business bt Administrator without Authority — Heirs Claiming for Monet Advanced and Services Rendered must Show Profit and Benefit to that Part of the Estate Involved in Business.</p> <p>Where the business of the decedent has been carried on without any authorization of lavv, heirs who joined therein, although acting in the best of faith, will be charged with knowledge of the want of capacity of the administrator, and cannot thereafter assert their claims for contributions of money or services either against the general assets of the estate, in preference to the claims of original creditors, or against the assets thus embarked in the business, in the absence of a showing that the business was conducted át a profit and that the services rendered and the money advanced inured to the benefit of that part of the estate so embarked in the business.</p> <p>[Syllabus approved by the court.]</p>