In Re Estate of Burgoon

While the notice of appeal in this case prescribes an appeal on questions of law and fact, it is conceded by the parties and determined by the court that the case is not a chancery case and that the appeal stands as an appea.1 on questions of law only, and it is submitted to and’ heard by the court as an appeal on questions of law.

The appeal is from an order of the probate division of the Common Pleas Court of Henry county, dismissing the petition of the plaintiff, appellant herein, Martin L. Burgoon, surviving spouse of Mary Bur-goon, to take at the appraised value of $4,500, pursuant to the…