In Re Estate of Deems, 08ap-82 (12-4-2008)

OPINION

{¶ 1} This appeal is from a judgment of the Franklin County Court of Common Pleas, Probate Division, overruling the exceptions by the administrator of the estate of Ray K. Deems ("appellant").

{¶ 2} Ray K. Deems died testate on December 16, 2000. At the time of his death, Mr. Deems held an undivided one-half interest in real property located at 409 South Columbia Avenue, Bexley, Franklin County, Ohio ("the residential property"). The residential property was purchased by Mr. Deems and his wife jointly in November 1964. In 1999, Mr. Deems and his wife executed an open-end mortgage on the…