Robinson v. Bowler

Citations

• 33 Ohio C.C. Dec. 102
• 18 Ohio C.C. (n.s.) 372
• 1911 Ohio Misc. LEXIS 265

Syllabus

<p>TAXES</p> <p>Remainderman Paying Taxes on Death of Life Tenant not Volunteer and May Recoup from Executor.</p> <p>Plaintiff was entitled to the remainder in certain real estate, subject to a life estate in another. The life tenant died October 24, leaving a will of which defendant was executor. Before December 20, 1909, plaintiff requested defendant to pay the taxes for 1909, payable at that time, which defendant refused to do, the same remaining unpaid until March 16, 1910, when plaintiff paid all the taxes for 1909 and penalty attached for nonpayment of the part due December 20, 1909, and presented his claim therefor to the executor who rejected it. Suit being brought upon the claim, Held: The taxes were a debt of the estate of the life tenant, and it was the duty of her executor to pay the same; the remainderman was not a volunteer in paying them and was entitled to recover.</p>