Gotthardt v. Candle

Cox, Judge.

This matter presents a timely appeal from a decision rendered by the Columbiana County Common Pleas Court, Probate Division, dismissing the complaint for concealment of assets filed by plaintiff-appellant, Evelyn Éarline Gotthardt, executor of the estate of Elva E. Mark, deceased, and finding in favor of defendant-appellee, Gladys Candle, with regard to her counterclaim for declaratory judgment.

Elva E. Mark died on January 12,1997. In November 1992, years prior to her death, the decedent had executed a general power of attorney to her niece, the appellee. Pursuant to the power of…