IN RE ESTATE OF HENNE

No. 80-947.

66 Ohio St. 2d 232 (1981)

IN RE ESTATE OF HENNE, DECEASED.

Supreme Court of Ohio.

Decided May 27, 1981.


Attorney(s) appearing for the Case

Messrs. Davidson, Heckler, Riggs & Spahr, Mr. Walter P. Davidson and Mr. Jeffrey P. Kelbley, for appellants.

Messrs. Christie & Christie, Mr. Robert J. Christie and Mr. Donovan Lowe, for appellee.


LOCHER, J.

Appellants assert three interrelated propositions of law, which, for purposes of discussion herein, shall be consolidated.

Appellants contend, in essence, that, since R. C. 2113.05 vests the Probate Court with discretion to determine the suitability of a named executor, the appellee should be denied the appointment, because the Probate Court determined that hostility exists between the parties and because the appellee is executrix and primary beneficiary...

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