In Re Estate of Kennedy

This is an appeal from a judgment of the Probate Division of the Franklin County Court of Common Pleas denying the motion of appellants Charles and Margaret Guthrie for relief to present a late claim against the Estate of Shirley Ann Kennedy because appellant Charles Guthrie suffers from a legal disability as a result of diminished mental capacity.

In support of their appeal, appellants raise three assignments of error as follows:

“I. The trial court erred to the extent that it did not sustain petitioners’ application to file a late claim against the estate and order that the estate remain open…