Opinion
No. 37645
Decided May 8, 1963.
Executors and administrators — Claims against estate — Failure to present within four-month period — Section 2117.07, Revised Code — Claimant's actual notice of death within time — Authority to present after statutory time denied.
APPEAL from the Court of Appeals for Butler County.
This cause was brought in the Probate Court by the filing of a petition for leave to file a claim against the estate of a decedent more than four months after the appointment of an administrator of the estate. The claimant alleges that he did not have actual notice of the appointment of the administratrix in sufficient time to present his claim within the period prescribed by Section 2117.06, Revised Code. The claim was presented to the administratrix more than four months after her appointment.
The Probate Court permitted the claim to be presented, on the ground that the claimant did not know of the appointment of the administratrix.
The Court of Appeals affirmed the judgment of the Probate Court.
The allowance of a motion to certify the record brings the cause to this court for review.
Messrs. McIntosh McIntosh, for appellant.
Messrs. Keating Muething and Messrs. Rendigs, Fry Kiely, for appellee.
The record discloses that the claimant had actual notice of the decedent's death in sufficient time to present his claim within the statutory period. In such case, claimant is not entitled to the relief sought. Redifer Bus Co. v. Lumme, Admr., 171 Ohio St. 471; In re Estate of Marrs, 158 Ohio St. 95.
The judgment of the Court of Appeals is reversed.
Judgment reversed.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, GRIFFITH and GIBSON, JJ., concur.
HERBERT, J., dissents.