Legal Opinion
In re Estate of Deardoff
Ohio Supreme Court
Decided April 18, 1984No. 83-1354PublishedCited by 7 opinions
1Opinion of the CourtHolmes, J.
The issue presented on appeal is whether a testator may compel the executor of his or her estate to select an attorney so designated in the testator’s last will and testament. We believe that such language within a will is merely advisory and not binding upon the executor.
It cannot be questioned that an executor has the right to employ counsel to assist in the performance of various duties in the administration of an estate. The employment of counsel, however, is not mandatory as the executor may perform all such duties.
*109R.C. 2109.03 provides that upon court appointment, the fiduciary has…
2Cases cited19 opinions
- In Re the Accounting of CaldwellNew York Court of Appeals · 1907
- Conway v. ParkerNorth Dakota Supreme Court · 1977
- Mason & Mason v. BrownCourt of Appeals of Texas · 1944
- In Re Lachmund's EstateOregon Supreme Court · 1946
- Drosos v. DrososSupreme Court of Iowa · 1960
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3Cited by7 opinions
- Succession of WallaceSupreme Court of Louisiana · 1991
- McMullin v. BorgersMissouri Court of Appeals · 1988
- Succession of JenkinsSupreme Court of Louisiana · 1986
- In Re Estate of CraigOhio Court of Appeals · 1993
- In Re Estate of RossOhio Court of Appeals · 1989
2 more not listed; retrieve them via the Exa API.