DYKES v. GAYTON

No. 99AP-1073.

139 Ohio App.3d 395 (2000)

DYKES, Admr., et al., Appellants, v. GAYTON et al., Appellees.

Court of Appeals of Ohio, Tenth District, Franklin County.

Decided May 23, 2000.


Attorney(s) appearing for the Case

Ray & Alton, L.L.P., Frank A. Ray and Barbara A. Roubanes, for appellants.

Nemeth, Caborn & Butauski, John C. Nemeth and David A. Caborn, for appellees.


KENNEDY, Judge.

This appeal raises an important public policy issue: Whether a decedent's attorney may be sued by the decedent's intended beneficiaries and the court-appointed administrator for the attorney's negligence in failing to obtain the statutorily required signature of an attesting witness, which negligence results in the probate court's denying admission of decedent's will to probate.

Factually, there is little, if any, dispute. In September 1980...

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