ABBOTT v. DAWSON

No. 35173.

167 Ohio St. 238 (1958)

ABBOTT, APPELLANT, v. DAWSON, EXE., ET AL., APPELLEES.

Supreme Court of Ohio.

Decided January 29, 1958.


Attorney(s) appearing for the Case

Mr. Sterling L. Brown, Messrs. Harmon, Colston, Goldsmith & Hoadly, Mr. Henry B. Street and Mr. Douglas G. Cole, for appellant.

Messrs. Nichols, Speidel & Nichols, for appellees.


STEWART, J.

In the present case no question is made that all the proper parties, except the executor, were either served with or waived the issuance of summons, within six months from the probate of the Elstun will, and the only question presented to us is whether Dawson was served as executor within the six-month period.

Under Section 2741.09, Revised Code, an action to contest a will must be brought within six months after it has been admitted to probate...

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