In Re Estate of Hammer

This is an appeal from the Common Pleas Court of Seneca County. It arises by reason of the sustaining of a motion in the Probate Court to set aside the order of probate of the will of Mary Hammer. Because no record was made of the proceedings in the Probate Court, the executor appealed to the Common Pleas Court so that a record could be made as provided for in Section 2101.42, Revised Code. After a hearing was had the Common Pleas Court dismissed the appeal from the Probate Court, and from that order the executor appeals here.

The application for the probate of the will, filed February 6,…