Opinion
No. 35593
Decided June 11, 1958.
Supreme Court — Dismissal — No debatable constitutional question involved — Executors and administrators — Attorney fees — Allowed from assets of estate — Incurred in will-contest action — Setting aside will admitted to probate — Resulting in admission of subsequently executed will — Instituted by person nominated as executor in latter will — Probate Court — Powers — Article XIV, Amendments, U.S. Constitution — Section 16, Article I, Constitution — Due process.
APPEAL from the Court of Appeals for Cuyahoga County.
Mr. Ralph S. Locher, director of law, Mr. Joseph H. Crowley and Mr. Andrew R. Sarisky, for appellant.
Messrs. Morley, Stickle, Keeley Murphy and Mr. George E. Rich, for appellees.
The appeal as of right herein is dismissed for the reason that no debatable constitutional question is involved.
Appeal dismissed.
WEYGANDT, C.J., ZIMMERMAN, TAFT, MATTHIAS, BELL and HERBERT, JJ., concur.