In Re Emery

This case presents .a question to us. which, to .our knowledge, has never before been considered by the Supreme Court or the Courts of.Appeal of- Ohio: whether a Probate Court errs if it fails to appoint a. nonresident corporation licensed.to do business in this state as executor of a resident testator’s estate-where the testator has named that corporation as executor in his will. ■

-a. The testator-in this ease,;John J. Emery,. designated thei appellant, Girard Tiust Bank,. a Pennsylvania. banking corporation,; and his wife, Irene Emery, -as co-executors ofihis estate in his last wiE and…