BAUKNECHT v. VOLLNOGLE, 151 Ohio St. 122 (1949)

84 N.E.2d 276

BAUKNECHT ET AL., EXRS., APPELLEES v. VOLLNOGLE ET AL., APPELLANTS, ET AL., APPELLEES. CHAMBERLAIN ET AL., APPELLEES v. VOLLNOGLE ET AL., APPELLANTS, ET AL., APPELLEES.

Nos. 31651 and 31652Supreme Court of Ohio.
Decided February 2, 1949.

Supreme Court — Dismissal — No debatable constitutional question involved — Guardian and ward — Application February 5, 1942, for appointment of guardian of physical incompetent — Granted with consent of incompetent, and guardian appointed June 29, 1942 — Deed executed by incompetent June 16, 1942 — Death of incompetent April 3, 1943 — Action by her executors and beneficiaries to set deed aside, and decree accordingly — Evidence that grantee had notice of guardianship proceeding prior to June 16, 1942 — Section 10507-4, General Code — Invalidating deeds of incompetents made from notice of guardianship proceedings until hearing — Claim of grantee that section unconstitutional as abridging incompetent’s property rights — Right to property — Section 1, Article I, Constitution.

APPEALS from the Court of Appeals for Columbiana county.

Messrs. Vodrey, Vodrey, Buzzard Shay, for plaintiffs-appellees.

Messrs. Harrington, Huxley Smith, Mr. C. Kenneth Clark an Mr. Robert A. Manchester, for appellants.

Messrs. Moore Moore and Messrs. Metzger, McCorkhill Metzger, for defendants-appellees.

It is ordered and adjudged that these appeals as of right be, and the same hereby are, dismissed for the reason that no debatable constitutional question is involved.

Appeals dismissed.

WEYGANDT, C.J., MATTHIAS, HART and TURNER, JJ., concur.

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