Reports of Cases Argued and Determined in the Supreme Court of Ohio Volume 7

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1874 Excerpt: ... The State, ex rel. Hills, v. Burgoyne. cases last cited, and both of which are strictly in point to that under consideration, seems to us unanswerable and conclusive. Against the authority of these cases in Pennsylvania, it is contended by counsel for plaintiff in error, that in Ohio the 153 probate of the will and the grant of letters testamentary are judicial acts, which remain valid and binding until they are invalidated by the formal and successful contest of the will by bill in chancery; that in Pennsylvania, after probate of the will and the grant of letters testamentary in the register's court, the further contest of the wili must be by appeal to the Supreme Court; and that this appeal has the effect to vacate the probate, and letters had and granted in the register's court; thus leaving the executor, pending the appeal, without authority to act. To this position there seem to us to be two answers. 1. If, as we hold, the executor is not bound to assume the burden of maintaining the contest of the will, it can make no difference, as to the question in this case, whether the authority of the executor derived from the probate and letters testamentary remains in full force, or is suspended, during the pendency of the contest; and, 2. The counsel, we think, is mistaken as to the law of Pennsylvania. The probate of a will and the grant of letters testamentary seem to be judicial acts there as well as here; and the statute of Pennsylvania provides that the appeal shall not suspend the power or prejudice the acts of the executor. Purdon's Dig. 865. Judgment affirmed. Bartley, C. J., and Swan, Bowen, and Scott, JJ., concurred. The State Of Ohio, Ex Rel. Ralph Hills, Superintendent Of The Central Ohio Lunatic Asylum, V. John Burgoyne, ProBate Judge Of Hamil...