In re Estate of Etzensperger

The question presented is whether the probate court was empowered to impress a constructive trust upon the savings bonds in a hearing on exceptions.

“The hearing of exceptions to an inventory under Section 2115.16, Revised Code, is a summary proceeding conducted by the Probate Court to determine whether those charged with the responsibility therefor have included in a decedent’s estate more or less than such decedent owned at the time of his death.” In re Estate of Gottwald (1956), 164 Ohio St. 405 [58 O.O. 235], paragraph one of the syllabus.

Appellant would rely on R.C. 2101.24 and paragraph…