STATE, EX REL. KEAR, v. COURT OF COMMON PLEAS OF LUCAS COUNTY

No. 80-1751.

67 Ohio St. 2d 189 (1981)

THE STATE, EX REL. KEAR, APPELLANT, v. COURT OF COMMON PLEAS OF LUCAS COUNTY, PROBATE DIVISION, JUDGE LUDEMAN, APPELLEE.

Supreme Court of Ohio.

Decided July 15, 1981.


Attorney(s) appearing for the Case

Messrs. Barkan & Robon, Mr. Marvin A. Robon and Mr. Larry W. Whiteleather, for appellant.

Hon. Willis E. Ludeman, Judge, pro se.


PAUL W. BROWN, J.

The sole issue before this court is whether a party to a will contest has a right to a jury trial. The Court of Appeals held that such party has neither a constitutional nor a statutory right to a jury trial in a will contest, and denied appellant's complaint for a writ of mandamus. For the reasons discussed below, we affirm the judgment of the Court of Appeals.

Prior to January 1, 1976, jurisdiction over a will contest was vested in the...

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