IN RE ESTATE OF GRAY

No. 33916.

162 Ohio St. 384 (1954)

IN RE ESTATE OF GRAY.

Supreme Court of Ohio.

Decided December 15, 1954.


Attorney(s) appearing for the Case

Messrs. Benoy & Sebastian, for appellant American Surety Company of New York.

Mr. L. Dennis Marlowe, for appellee Grant Haserodt.


LAMNECK, J.

The surety company claims that the order of the Probate Court, vacating its order approving the settlement on July 16, 1943, is contrary to law. It contends:

1. That since it was the prevailing party, there was no showing of fraud on its part in securing the order.

2. That the Probate Court has jurisdiction to approve a settlement and discharge a surety.

3. That there is no basis for equitable relief.

4. That the succeeding...

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