In Matter of Smeller, 07ca0003 (5-29-2007)

DECISION AND JOURNAL ENTRY

This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made: {¶ 1} Appellants David and Dusty Smeller have appealed from the judgment of the Wayne County Court of Common Pleas, Probate Division, which denied their motion to reform the warranty deed executed by the decedent, Barbara Smeller. This Court reverses.

I

{¶ 2} The pertinent facts of this matter were summarized succinctly by this Court on a prior appeal, In re Smeller, 167 Ohio App.3d 444,2006-Ohio-3112 ("Smeller I "). For the sake of…