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

Citations

• 20 Ohio C.C. Dec. 380

Syllabus

<p>CORPORATIONS — EXECUTORS AND ADMINISTRATORS.</p> <p>Wilson, Sullivan and Dustin, JJ.</p> <p>Order op Probate Cotjet Appointing Corporation Executor mat be Collaterally Attacked fob Want of Power.</p> <p>The name “The Union Savings & Trust Co.” indicates a corporation or partnership, neither of which has any capacity to act as an executor or administrator. Hence, the record of the probate court showing the appointment' by that court of a corporation as executor, being beyond its power, may be collaterally attacked in another court, and an order reviving an action commenced by decedent in the name of such corporation executor is invalid.</p> <p>[For other cases in point, see 4 Cyc. Dig., “Executors and Administrators,”' §§ 26, 57. — Ed.]</p> <p>[Syllabus approved by the court.]</p>