Probate Litigation Updates

Horst v. Horst, Appellate Case No. 22993, 184 Ohio App. 3d 281; 2009 Ohio 5043

Decedent did not revoke her will in a manner consistent with R.C. 2107.33(A).  While she marked “X” across portions of text on will’s first page, blackened language as to bequest to her daughter, and wrote language in margins, she did not tear or destroy the entire document.  Instead, she left almost all text of will and all of her signature intact.  Accordingly, the Second District Court of Appeals affirmed the trial court’s grant of summary judgment in favor of the executor.  Horst v. Horst, Appellate Case No. 22993, 184 Ohio App. 3d 281; 2009 Ohio 5043.

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