Legal Opinion

Hunter's Will

Ohio Supreme Court

Decided December 15, 1834PublishedCited by 3 opinions

The last will and testament of Joseph Hunter was presented to ■the court of common pleas, in Franklin county, at June term, 1834, by the executors therein named, for probate. There not being a sufficient number of disinterested judges of that court to form a quorum, the application and the will was certified to the Supreme Court. The will was again offered for probate in the Supreme Court, the evidence taken, and the questions arising under it reserved for decision in bank.

1Opinion of the Court

Judge Wright

delivered the opinion of the court:

The jurisdiction of the Supreme Court to hear the probate of a will, is sought to be maintained under the provisions of section ■63 *of the practice act, 29 Ohio L. 70, in which it is enacted, [500 that if, in any suit or action in the court of common pleas, it shall so happen that there is nota sufficient-number of disinterested judges of such court to sit on the trial of any particular cause there pending, it shall be the duty of the court, on the application of either party, to cause such fact to be entered on the minutes of the court, and to…

2Cited by3 opinions

  1. In Re MyersOhio Court of Appeals · 1995
  2. Boyd v. SchusslerSupreme Court of New Jersey · 1911
  3. Pettit v. MortonOhio Court of Appeals · 1928

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