Bauman v. Hogue

The questions raised on this appeal are (1) whether the Probate Court has jurisdiction of such an action and (2) whether the defendant may take the amount set off to him pursuant to Section 10509-54, General Code, as assets of decedent’s estate exempt from administration.

By reason of our recent decision in In re Estate of Morrison, 159 Ohio St., 285, 112 N. E. (2d), 13, we are of the opinion that the answer to the first question is that the Probate Court does have jurisdiction of such an action. In effect, it is an action which will, to use the language of Section 10501-53, General Code,…