IN RE ESTATE OF DEARDOFF

No. 83-1354.

10 Ohio St. 3d 108 (1984)

IN RE ESTATE OF DEARDOFF, DECEASED.

Supreme Court of Ohio.

Decided April 18, 1984.


Attorney(s) appearing for the Case

Ruppert, Bronson & Chicarelli Co., L.P.A., Mr. James D. Ruppert and Mr. William J. Brown, for appellants.

Messrs. Young & Hubbell, Mr. Warren C. Young and Mr. Fred C. Hubbell, for appellee.


HOLMES, J.

The issue presented on appeal is whether a testator may compel the executor of his or her estate to select an attorney so designated in the testator's last will and testament. We believe that such language within a will is merely advisory and not binding upon the executor.

It cannot be questioned that an executor has the right to employ counsel to assist in the performance of various duties in the administration of an estate. The employment of counsel...

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