In re Estate of Henne

Appellants assert three interrelated propositions of law, which, for purposes of discussion herein, shall be consolidated.

Appellants contend, in essence, that, since R. C. 2113.05 vests the Probate Court with discretion to determine the suitability of a named executor, the appellee should be denied the appointment, because the Probate Court determined that hostility exists between the parties and because the appellee is executrix and primary beneficiary of a will currently in dispute, which will affect her suitability as executrix in this estate.

Stated otherwise, the issue’s central theme is…