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PALAZZI v. ESTATE OF GARDNER

No. 86-1265.

32 Ohio St. 3d 169 (1987)

PALAZZI, APPELLANT, v. ESTATE OF GARDNER ET AL., APPELLEES.

Supreme Court of Ohio.

Decided August 26, 1987.

Attorney(s) appearing for the Case

Schaengold & Stephens and Gary C. Schaengold, for appellant.

Dinsmore & Shoul, Wiley Dinsmore, Elizabeth D. Brain, Rathman, Combs, Schaeffer, Valen & Kaup and William E. Rathman, for appellees.

SWEENEY, J.

The instant appeal calls into question the constitutionality of the notice provisions governing Ohio probate proceedings. Probate of a will in Ohio involves a bifurcated process. R.C. Chapter 2107 governs, among other things, the execution and probate of wills within the state. R.C. 2107.13 prescribes the procedure by which notice of the probate proceeding is to be given to interested parties. It provides:

"No will shall be admitted to probate...

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