Clark v. McFarland

In certifying this case it is very apparent that the court of appeals, as has this court, applied the scintilla rule that obtains in ordinary civil actions to a proceeding to contest a will under the statute. Exercising its constitutional authority, this case was certified here by *107the court of appeals of Union county because it was “in conflict with the decisions of other courts of appeals of the state of Ohio.” Among such conflicting decisions is the case of Gomien, Exrx., et al. v. Weidemer et al., decided by the court of appeals of the fourth appellate district, sitting in Hamilton county,…