State ex rel. Stephens v. Wiseman

OPINION

By GEIGER, PJ.

Horace L. Stephens filed a petition in this Court for a writ of prohibition under the title above set out. We will state the facts alleged as briefly as possible.

The relator alleges that John W. Johnson died in Montgomery County, Ohio, on the 4th day of November, 1935, leaving a last will and testament. Said will bequeathed substantial sums of money to legatees and trustents to the number of twenty-four. Horace L. Stephens was named executor and was appointed as such and has since continued in that position.

It is asserted that the defendant, William C. Wiseman, is now and…