IN RE GUARDIANSHIP OF RUDY

No. 91-2112.

65 Ohio St.3d 394 (1992)

IN RE GUARDIANSHIP OF RUDY.

Supreme Court of Ohio.

Decided December 11, 1992.


Attorney(s) appearing for the Case

Chester, Hoffman, Willcox & Saxbe, John J. Chester, Richard B. Metcalf and James J. Chester, for appellant Margaret S. Rudy.

Guarnieri & Secrest and Michael D. Rossi, for appellee Robert Vesmas.

Ambrosy & Fredericka and James A. Fredericka, for appellee Lloyd Tompkins.

Westenfield & Neuman and Douglas J. Neuman, for appellee David W. Rudy.


HERBERT R. BROWN, J.

The issue is whether the appointment of a guardian for Mrs. Rudy complied with Ohio law. We find that it did not. Further, despite Mrs. Rudy's death, we choose not to dismiss the case, because parties on both sides agree that the resolution in this case could affect a potential will contest.

The statute governing guardianships is R.C. 2111.02. R.C. 2111.02(B)(1) states in part: "If the probate court finds it to be in the best interest...

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