In Re Estate of Smith

Stephenson, Presiding Judge.

This is an appeal from an April 29, 1996 judgment in which the Probate Division of the Court of Common Pleas of Ross -County denied an application to probate the will of Mildred W. Smith. Smith’s daughter, Martha Overly, executor of the estate, appeals the judgment of the probate court, assigning the following errors for our review:

“I. The court’s finding of ‘restraint’ is against the manifest weight of the evidence.

“II. The court’s conduct and decision in the hearing below is an abuse of discretion.”

The record reveals the following facts pertinent to this appeal.…