Speidel v. Phillips

Citations

• 78 Ohio St. (N.S.) 194

Syllabus

<p>Claim on unwritten contract against estate — Allowed by administrator and subsequently rejected — Under Section 6098, Revised Statutes — Suit may be brought, though six years have elapsed, when — Application of statute of limitations.</p> <p>Suit upon a claim founded on a contract not in writing againsf the estate of a deceased person which claim has been duly presented for allowance to the administrator, and duly allowed by him, and subsequently, at the instance of an heir or creditor, disallowed and rejected, may, by force of section 6098, Revised Statutes, be brought within six months after notice of such rejection, notwithstanding that, deducting the time intervening between such allowance and such rejection, more than six years have elapsed after the accruing of the cause of the action. Thomas v. Chamberlain, 39 Ohio St., 112, distinguished.</p>