Sexton v. Barry

At the outset, it may he observed that no relief can be given by the Probate Court under complainant’s petition, except with respect to some property of the estate of Patrick Sexton, deceased. See emphasized portion in above quotation of Section 10506-67, General Code. See also Section 10506-73, General Code, and In re Estate of Leiby, 157 Ohio St., 374, 105 N. E. (2d), 583.

Therefore, in order to sustain complainant’s contention that the Probate Court has jurisdiction to give some relief, we would have to decide that the personal property, for which a receipt was given to the executrices in…