State ex rel. Cleveland Trust Co. v. Probate Court

The question presented here is: Does the Probate Court have jurisdiction to consider a motion to vacate the probate of a will where an action to contest such will is pending in the Common Pleas Court?

Bespondents claim that if in fact the will is not the valid last will of decedent, the Probate Court had no jurisdiction to probate it, and that such court has jurisdiction after the term in which, and more than six months after, the will was probated and while a will contest is pending in the Common Pleas Court, to conduct a hearing to determine whether the purported will is a valid will and…