90 Ohio Law. Abs. 99 | Ohio Ct. App. | 1962
Under the undisputed facts of this case the claim was not served upon the administrator within four months as required by Section 2117.06, Revised Code.
The petition filed with the Probate Court under Section 2117.07, Revised Code, could be allowed only if one of the three grounds provided in that section existed in fact.
The existence of any one of the three grounds enumerated by the statute is not seriously claimed.
It is our view that Section 2117.07, Revised Code, does not contemplate the exercise of discretion by the Probate Court in the absence of one of the stated grounds. We may, therefore, not hold the Probate Court’s action in this case was an abuse of discretion.
There is no abuse of discretion and no other assignment of error well made.
Judgment affirmed.