STATE, EX REL. CLEVELAND TRUST CO. v. COURT

Nos. 36521 and 36522.

172 Ohio St. 1 (1961)

THE STATE, EX REL. THE CLEVELAND TRUST CO., EXR., APPELLEE, v. PROBATE COURT OF CUYAHOGA COUNTY ET AL., APPELLANTS. THE STATE, EX REL. THE JEWISH COMMUNITY FEDERATION OF CLEVELAND ET AL., APPELLEES, v. PROBATE COURT OF CUYAHOGA COUNTY ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided March 8, 1961.


Attorney(s) appearing for the Case

Messrs. Jones, Day, Cockley & Reavis, Mr. Henry Kutash, Mr. Victor DeMarco and Mr. Ellis H. McKay, for appellee in case No. 36521.

Messrs. Burke, Haber & Berick, Messrs. Ulmer, Berne, Laronge, Glickman & Curtis, Messrs. Weitz & Weitz, Messrs. Benesch, Friedlander, Mendelson, Gnau & Coplan and Mr. Richard L. Phillips, for appellees in case No. 36522.

Mr. A. H. Dudnik, Mr. M. I. Nurenberg and Mr. Ellis V. Rippner, for appellants.


O'NEILL, J.

The question presented here is: Does the Probate Court have jurisdiction to consider a motion to vacate the probate of a will where an action to contest such will is pending in the Common Pleas Court?

Respondents claim that if in fact the will is not the valid last will of decedent, the Probate Court had no jurisdiction to probate it, and that such court has jurisdiction after the term in which, and more than six months after, the will was probated...

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