IN THE MATTER OF ESTATE OF LUCAS

Appellate No. 23088.

2009 Ohio 6392

In the Matter of The Estate of Irma D. Lucas, Deceased.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on December 4, 2009.


Attorney(s) appearing for the Case

Herbert Creech, Atty. Reg. #0005198, 200 Jamestown Circle F, Dayton, Ohio 45458, Attorney for Appellant, Estate of Irma D. Lucas.

Raymond W. O'Neal, Sr., Atty. Reg. #0031153, 11 West monument Avenue, Suite 304, Dayton, Ohio 45402, Attorney for Fiduciary, Caye Elmore.


OPINION

FAIN, J.

{¶ 1} Appellant Caye Elmore appeals from an order of the Montgomery County Common Pleas Court, Probate Division, removing her as Executor of the Estate of Irma Lucas and requiring her attorney to repay fees disbursed to him. Elmore contends that the probate court's decision must be reversed because the court failed to comply with the provisions of Civ.R. 53. She further contends that the order of the trial court is against...

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