# Fortelka v. Meifert

> Ohio Supreme Court · July 8, 1964 · 176 Ohio St. (N.S.) 476

URL: https://www.frixlaw.com/law-library/cases/8356796

## Case

- **Full name:** Fortelka v. Meifert, Admx.
- **Court:** Ohio Supreme Court
- **Decided:** July 8, 1964
- **Citations:** 176 Ohio St. (N.S.) 476
- **Precedential status:** Published
- **Opinion:** Dissent by Zimmerman
- **Judges:** Gibson, Griffith, Herbert, Matthias, Neill, Taft, Zimmerman
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8356796

## Opinion text

Zimmerman, J.,
dissents for the reason that, in his opinion, compliance with the clear and mandatory provisions of Section 2117.06, Revised Code, in the manner prescribed, i. e., the presentation of a written claim to an executor or administrator for his allowance or rejection, within four months of his appointment, is a condition precedent to the bringing of an action on such claim. Such presentment of a claim, of which the fiduciary might not even be aware, as the statute plainly requires might well result in its payment or settlement without the necessity, expense, trouble and annoyance of a lawsuit.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8356796. Public record. Not legal advice.