Legal Opinion · Dissent

In Re Estate of Kelsey

Ohio Court of Appeals

Decided March 10, 2006No. 2004-L-099Published

1DissentWilliam M. O’Neill, Judge

{¶ 37} I dissent in order to uphold the principles that govern administration of probate estates.

{¶ 38} There are at least three overarching principles that govern the administration of probate estates. The first is that the general powers of the probate court are limited by statute. As stated by the Tenth Appellate District:

{¶ 39} “Probate Courts are not courts of general jurisdiction * * * no authority is needed in support of the statement. Their jurisdiction is such and only such as is conferred upon them by constitution or statute, with such auxiliary and incidental powers as are…

2Cases cited11 opinions

  1. Hicks v. De La CruzOhio Supreme Court · 1977
  2. Holzemer v. UrbanskiOhio Supreme Court · 1999
  3. Gilbraith v. HixsonOhio Supreme Court · 1987
  4. Eger v. EgerOhio Court of Appeals · 1974
  5. Bolles v. Toledo Trust Co.Ohio Supreme Court · 1940

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