IN RE ESTATE OF COOK.

No. 68-654.

19 Ohio St. 2d 121 (1969)

IN RE ESTATE OF COOK: THE CENTRAL TRUST CO. OF CINCINNATI, ADMR., APPELLANT, v. THE FIRST NATIONAL BANK OF CINCINNATI, EXR., APPELLEE, ET AL.

Supreme Court of Ohio.

Decided July 9, 1969.


Attorney(s) appearing for the Case

Mr. Robert O. Smith, Messrs. Paxton & Seasongood, Mr. Robert P. Goldman, Mr. Clyde M. Abbott, Mr. Harry Stickney and Mr. Starbuck Smith, Jr., for appellant.

Mr. Milton B. Schott, Messrs. Frost & Jacobs, Mr. Robert O. Klausmeyer and Mr. John C. Newlin, for appellee.


O'NEILL, J.

Two propositions of law resolve the issue of whether the Probate Court erred in granting appellee's application to set aside the entry of October 26, 1966.

First, an executor and testamentary trustee under a decedent's will has no standing to contest an election not to take under that will made by the Probate Court on behalf of the decedent's surviving spouse who, because of legal disability, is...

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