State ex rel. McCullough v. Moffitt

Citations

• 23 Ohio C.C. Dec. 238
• 13 Ohio C.C. (n.s.) 152

Syllabus

<p>1. Discharge of Administrator' Upon Submitting Resignation and Confirmation of Final Account Filed Held General.</p> <p>Where an administrator submits to the probate court his resignation tc become effective on a certain day named, and files what he denominates “an account of final distribution,” and an entry is made reciting that the account has been found correct and is allowed by the court, and the “administrator is discharged,” the discharge will be construed to be general and final, and not simply a discharge as to matters found in the account.</p> <p>2. Administrator Discharged After Final Account Filed and Con-firmed not Liable for Maladministration in Failing to Answer in Suit Subsequently Brought.</p> <p>An administrator so discharged can not be held liable for maladministration, in that he failed to answer when thereafter served with summons in a proceeding involving among other things a chose in action belonging to the estate of his decedent, and in consequence of such failure default judgment was taken against the estate.</p> <p>[[Syllabus approved by the court.]</p>