Miller v. Miller, Admr.

An error proceeding and an appeal from a judgment of the Court of Common Pleas of Hamilton county were presented to this court simultaneously.

The appeal will be dismissed. The case is not one in chancery. No trust is involved. Crowley, Admr., v. Crowley, 124 Ohio St., 454, 179 N. E., 360.

The controversy is between the brothers, sister, and next of kin of Harry B. Miller, deceased, and the nephews, nieces, and next of kin of his relict, Clara J. Miller, now also deceased, and arises in an action brought by the administrator of the estate of Clara J. Miller, deceased, for instructions as to the…