Fidelity & Deposit Co. v. Wolfe

Citations

• 100 Ohio St. (N.S.) 332

Syllabus

<p>Probate court — Court of record — Jurisdiction — Administration of trusts — Sections j and 8, Article IV, Constitution — New bond of trustees — Section io¡gi, General Code — Trustees may make application, when — Jurisdiction of common pleas court — Proceeding challenging order reducing bond.</p> <p>1. Section 7, Article IV of the Constitution of Ohio, declares the probate court to be a court of record.</p> <p>2. Section 8, Article IV of the Constitution of Ohio, expressly and directly grants jurisdiction to said probate court in “probate and testamentary matters.”</p> <p>3. The administration of a trust fund, by testamentary trustees created by will, is clearly within the jurisdiction of said court.</p> <p>4. Section 10591, General Code, authorizes the probate court to take a new bond from such testamentary trustees, not only when manifestly required for the protection of the trust fund but also for á substantial reduction of the expense of protecting such fund.</p> <p>5. The trustees are included within the terms “an interested party” in filing an application for such new bond.</p> <p>6. An order of the probate court releasing and discharging the sureties on a former bond after a new bond has been given and approved, is a valid order that cannot be challenged by any subsequent proceeding upon the former bond made in the court of common pleas.</p>