JACOBSEN v. JACOBSEN

No. 34397.

164 Ohio St. 413 (1956)

JACOBSEN ET AL., APPELLEES, v. JACOBSEN ET AL., APPELLANTS, ET AL.

Supreme Court of Ohio.

Decided January 11, 1956.


Attorney(s) appearing for the Case

Mr. James E. Thierry, Mr. John B. Morton, Mr. John S. Saalfield and Messrs. Taylor, Cruey & Kelb, for appellees.

Messrs. Marshall, Melhorn, Bloch & Belt, Mr. John B. Spitzer and Mr. A.C. Wilber, for appellants.


HART, J.

The sole question presented is whether the Court of Common Pleas has concurrent jurisdiction with the Probate Court with respect to a claim that one appointed by the Probate Court as executor of a will fraudulently procured the execution and probate of such will, and with respect to a claim that such executor failed to account for assets of the estate.

It is conceded by the defendants that an executor can be held responsible for submitting a fraudulently...

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