IN RE ESTATE OF KIRBY, 138 Ohio St. 456 (1941)

35 N.E.2d 574

IN RE ESTATE OF KIRBY.

No. 28605Supreme Court of Ohio.
Decided June 11, 1941.

Supreme Court — Dismissal — No debatable constitutional question involved — Wills — Refusal to admit to probate — For lack of testamentary capacity — Sections 1 and 20, Article I, Constitution — Due process.

APPEAL from the Court of Appeals of Cuyahoga county.

Mr. John Francis Kicak and Mr. Joseph Sheban, for appellant.

Miss Mary E. Anderson, for appellee.

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

Appeal dismissed.

WEYGANDT, C.J., TURNER, WILLIAMS, HART, ZIMMERMAN and BETTMAN, JJ., concur.

MATTHIAS, J., not participating.

Page 457

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