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IN RE ESTATE OF SMITH

No. 96CA2214.

120 Ohio App.3d 480 (1997)

In re ESTATE OF SMITH.

Court of Appeals of Ohio, Fourth District, Ross County.

Decided June 2, 1997.

Attorney(s) appearing for the Case

Catanzaro & Rosenberger and Robert N. Rosenberger, for appellant, executor Martha Overly.1

Thomas M. Spetnagel, Guardian ad Litem for appellees, Lincoln Scott Smith and Christopher Smith.

James E. Barrington, Guardian ad Litem for appellees, Krystal Smith and Rhennon Smith.

Margulis, Gussler, Hall & Hosterman and Stephen S. Gussler, for appellee Jeffrey S. Smith.

STEPHENSON, Presiding Judge.

This is an appeal from an April 29, 1996 judgment in which the Probate Division of the Court of Common Pleas of Ross County denied an application to probate the will of Mildred W. Smith. Smith's daughter, Martha Overly, executor of the estate, appeals the judgment of the probate court, assigning the following errors for our review:

"I. The court's finding of `restraint' is against...

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