In Re Estate of Barnes

Ohio Court of Appeals

In Re Estate of Barnes

109 N.E.2d 876, 92 Ohio App. 293, 64 Ohio Law. Abs. 27, 49 Ohio Op. 364, 1951 Ohio App. LEXIS 591

CourtOhio Court of Appeals

DecidedNovember 15, 1951

Docket458

StatusPublished

This text of 109 N.E.2d 876 (In Re Estate of Barnes) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In Re Estate of Barnes, 109 N.E.2d 876, 92 Ohio App. 293, 64 Ohio Law. Abs. 27, 49 Ohio Op. 364, 1951 Ohio App. LEXIS 591 (Ohio Ct. App. 1951).

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Opinion

OPINION

By WISEMAN, J:

Submitted on motion of exceptors-appellees to dismiss said appeal for the reason that said cause is not appealable on questions of law and fact.

In a proceeding involving exceptions to an inventory and appraisement filed in the administration of an estate in the Probate Court which was certified to the Common Pleas Court for hearing, under §§10501-9 and 10501-10 GC, an appeal on questions of law and fact from the order of the Common Pleas Court cannot be taken to the Court of Appeals. Squire, Supt. v. Bates, 132 Oh St 161; In re Estate of Gurnea, 111 Oh St 715; In re Estate of Stevenson, 79 Oh Ap 413; In re Estate of Shafer, 77 Oh Ap 105; In re Estate of Green, 35 Abs 422. See also Vol. 2 O. Jur., Part 1, Page 120 Sec. 48. The appeal on law and fact will be dismissed.

The appeal itself will not be dismissed, but will be reduced to an appeal on questions of law only and the appellants will be granted the right to file a bill of exceptions, assignments of error and briefs in conformity to supplement to Rule VII of this Court.

HORNBECK, PJ, MILLER, J, concur.

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OPINION

By WISEMAN, J:

Submitted on motion of exceptors-appellees to dismiss said appeal for the reason that said cause is not appealable on questions of law and fact.

In a proceeding involving exceptions to an inventory and appraisement filed in the administration of an estate in the Probate Court which was certified to the Common Pleas Court for hearing, under §§10501-9 and 10501-10 GC, an appeal on questions of law and fact from the order of the Common Pleas Court cannot be taken to the Court of Appeals. Squire, Supt. v. Bates, 132 Oh St 161; In re Estate of Gurnea, 111 Oh St 715; In re Estate of Stevenson, 79 Oh Ap 413; In re Estate of Shafer, 77 Oh Ap 105; In re Estate of Green, 35 Abs 422. See also Vol. 2 O. Jur., Part 1, Page 120 Sec. 48. The appeal on law and fact will be dismissed.

The appeal itself will not be dismissed, but will be reduced to an appeal on questions of law only and the appellants will be granted the right to file a bill of exceptions, assignments of error and briefs in conformity to supplement to Rule VII of this Court.

HORNBECK, PJ, MILLER, J, concur.

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Bluebook (online)

109 N.E.2d 876, 92 Ohio App. 293, 64 Ohio Law. Abs. 27, 49 Ohio Op. 364, 1951 Ohio App. LEXIS 591, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-barnes-ohioctapp-1951.

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