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IN RE ESTATE OF ELY

No. 38433.

176 Ohio St. 311 (1964)

IN RE TRUST ESTATE OF ELY: [THE STATE, EX REL.] ELY, COTRUSTEE, APPELLEE, v. BRENNEMAN, JUDGE, APPELLANT.

Supreme Court of Ohio.

Decided June 3, 1964.

Attorney(s) appearing for the Case

Messrs. Walter & Haverfield, Mr. Arthur P. Steinmetz and Mr. G. L. Severs, for appellee.

Mr. Paul J. Mikus, prosecuting attorney, Mr. Raymond A. Muzilla and Mr. Joseph R. Grunda, for appellant.

HERBERT, J.

In 1955, the General Assembly amended Section 2101.39, Revised Code, which now reads as follows;

"When a probate judge has a prejudice, either for or against a party or his counsel in a matter or cause pending before him, or is otherwise interested in such cause or matter, or disqualified to sit therein, but the prejudice, interest, or disqualification is not such as to permit or require certification...

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