ALLISON v. ALLISON

Nos. 41101 and 41102.

15 Ohio St. 2d 44 (1968)

ALLISON ET AL., APPELLANTS, v. ALLISON ET AL., EXRS., APPELLEES. ALLISON ET AL., APPELLEES, v. ALLISON ET AL., EXRS., APPELLEES; RICHMOND, APPELLANT.

Supreme Court of Ohio.

Decided June 19, 1968.


Attorney(s) appearing for the Case

Messrs. McKee, Schwer, Taggart & Wehler and Mr. Thomas T. Taggart, for appellants in case No. 41101 and appellees in case No. 41102.

Messrs. Richmond & Richmond and Mr. Charles D. Richmond, for Charles D. Richmond, Trustee.


HERBERT, J.

The assignments of error in the Court of Appeals may be stated as follows:

First assignment of error.

This assignment of error contains two parts. They will be referred to as A and B.

(A) The trial court erred in refusing to conduct a full and complete preliminary hearing on the question of the capacity of the plaintiffs individually to maintain this action, in view of the fact that they are also serving as executors of the will...

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