In Re Estate of Warrick

This is an appeal on questions of law from a judgment of the Probate Court of Montgomery County overruling a motion of Bertha L. Collins, appellant herein, to set aside the probate of the will of Henry Warrick.

The appellant moved to set aside the probate of the will because she has a claim arising out of tort which was not presented to the executor of the estate of Henry Warrick within the time allowed by law. Sections 2117.06 and 2117.07, Revised Code.

And the appellant’s ground for attacking the order of pro bate is that decedent’s son neither received nor waived notice prior to the…