Legal Opinion · Dissent

In Re Estate of Rice

Ohio Court of Appeals

Decided June 29, 2005No. 03CA0145-MPublished

1DissentSlaby, Presiding Judge

{¶ 16} I respectfully dissent. In his first and second assignments of error, appellant argues that the trial court erred in granting appellees’ motion to remove him as executor of his mother’s estate. Specifically, appellant avers that the trial court used the wrong standard when it granted appellees’ motion. Appellant further argues that the trial court abused its discretion because its decision is against the manifest weight of the evidence.

{¶ 17} Although appellant argues that the decision of the trial court is against the manifest weight of the evidence, the removal of an executor is…

2Cases cited7 opinions

  1. City of Los Angeles v. LyonsSupreme Court of the United States · 1983
  2. Sierra Club v. MortonSupreme Court of the United States · 1972
  3. City of Middletown v. FergusonOhio Supreme Court · 1986
  4. Tiemann v. University of CincinnatiOhio Court of Appeals · 1998
  5. In Re Estate of JarvisOhio Court of Appeals · 1980

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