SMITH v. KLEM

No. 82-1456.

6 Ohio St. 3d 16 (1983)

SMITH ET AL., APPELLANTS, v. KLEM ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 13, 1983.


Attorney(s) appearing for the Case

Messrs. Moan & Raker and Mr. James E. Brazeau, for appellants.

Messrs. Eastman & Smith, Mr. Jamille G. Jamra, Mr. Barry W. Fissel and Mr. Robert A. Kelb, for appellees.


COOK, J.

The issue presented is whether amendments adding necessary parties may be made to a complaint in a will contest action and relate back to the date of the original filing pursuant to Civ. R. 15 (C).

Prior to January 1, 1976, will contest cases were governed by R.C. Chapter 2741. R.C. 2741.02 listed all the necessary parties to such an action. R.C. 2741.09 required such an action to be brought within six months after the will was admitted to probate...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases