Central Trust Co. v. First National Bank of Cincinnati

Two propositions of law resolve the issue of whether the Probate Court erred in granting appel-lee’s application to set aside the entry of October 26, 1966.

First, an executor and testamentary trustee under a decedent’s will has no standing to contest an election not to take under that will made by the Probate Court on behalf of the decedent’s surviving spouse who, because of legal disability, is unable to make such election on her own behalf.

Second, a Probate Court should enter a nunc pro tunc entry to correct defects in an original entry when that original entry fails to record judicial…