Union Savings Bank & Trust Co. v. Western Union Telegraph Co.

Citations

• 79 Ohio St. (N.S.) 89

Syllabus

<p>Recovery of damages for injury to real estate — Death of plaintiff— Action may be revived by executor — Appointment of executor — By probate court without jurisdiction void, when.</p> <p>1. In a suit to recover damages for injuries to real estate by a trespass, the cause of action survives the death of the plaintiff; and the action may be revived in the name of the executor or administrator of the deceased plaintiff.</p> <p>2. An order of the probate court appointing an executor, if made without jurisdiction, is void, and it may be disregarded in any other court; but if made in the exercise of proper jurisdiction over the subject-matter and estate, although based upon erroneous conclusions of law or fact, it cannot be collaterally attacked.</p>