IN RE EMERY

Nos. C-76905 and C-77059.

59 Ohio App. 2d 7 (1978)

IN RE EMERY.

Court of Appeals of Ohio, Hamilton County.

Decided May 24, 1978.


Attorney(s) appearing for the Case

Messrs. Strauss, Troy & Ruehlmann, for appellant.

Messrs. Frost & Jacobs, and Mr. R. R. Klausmeyer, for appellee.


CASTLE, J.

This case presents a question to us which, to our knowledge, has never before been considered by the Supreme Court or the Courts of Appeal of Ohio: whether a Probate Court errs if it fails to appoint a nonresident corporation licensed to do business in this state as executor of a resident testator's estate where the testator has named that corporation as executor in his will.

The testator in this case, John J. Emery, designated the appellant, Girard...

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