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OGILVIE v. KEHR

No. 35-CA-87.

39 Ohio App. 3d 170 (1988)

OGILVIE, GUARDIAN, APPELLANT, v. KEHR ET AL., APPELLEES.

Court of Appeals of Ohio, Fairfield County.

Decided March 2, 1988.

Attorney(s) appearing for the Case

Dagger, Johnston, Miller, Ogilvie & Hampson and Norman J. Ogilvie, Jr., for appellant Norman J. Ogilvie, Jr., Guardian of the Estate of Helen Marie Burden.

Lantz, Lantz & Lipp, James A. Lantz and Chris A. Martin, for appellee Estella M. Kehr.

George W. Coen, for appellee Estella M. Kehr as Executrix of the Estate of St. Clair Burden.

MILLIGAN, J.

This is a case of first impression in Ohio involving a single, narrow issue:

Is a change of beneficiary on a P.O.D. account a sale, gift, conveyance, or encumbrance of such P.O.D. account?

In the last paragraph of the guardianship statutes, relating to notice of appointment, appears the following:

"From the service of notice until the hearing, no sale, gift, conveyance, or encumbrance of the property of the incompetent shall be...

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