KATA v. SECOND NATIONAL BANK

No. 70-232.

26 Ohio St. 2d 210 (1971)

KATA, APPELLANT, v. THE SECOND NATIONAL BANK OF WARREN ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 23, 1971.


Attorney(s) appearing for the Case

Messrs. Letson, Letson, Griffith & Kightlinger, Mr. William N. Letson and Mr. David L. Orosz, for appellant.

Messrs. Hoppe, Frey, Hewitt & Milligan, Mr. John T. Milligan and Messrs. Wern & Swift, for appellees.


STERN, J.

Paragraph six of the syllabus in Kennedy v. Walcutt (1928), 118 Ohio St. 442, states:

"In a will contest, by virtue of the statute, the burden of proof is cast upon the contestant of the will and such burden never shifts from him."

R. C. 2741.05 reads:

"On the trial of the issue made up as provided in Section 2741.04 of the Revised Code, the order of probate is prima facie evidence of the attestation, execution, and...

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