Kellough v. Moses

Citations

• 35 Ohio C.C. Dec. 685
• 32 Ohio C.C. (n.s.) 49

Syllabus

<p>GUARDIAN AND WARD — REAL ACTIONS — WILLS</p> <p>1. Guardian ad Litem not Disqualified because Partisan of Ward.</p> <p>A person not interested in the subject matter of litigation may be appointed to act as guardian ad, litem of a minor defendant. The fact that the guardian ad litem is loyal to and a partisan of the ward is no disqualification.</p> <p>2. Proper Parties in Will Contest.</p> <p>One having a contingent or expectant interest under a will is a proper party to an action to contest said will.</p> <p>3. Proper Parties in Land Registration Proceeding.</p> <p>In proceedings under the act for the registration of titles to real estate, parties having legal or equitable rights including vested, contingent or expectant estates may be brought in and their rights therein may be determined.</p> <p>4. Determination of Rights of Minors in Land Registration Proceeding.</p> <p>When a will has been contested and set aside a minor defendant in such proceedings may be required, in a subsequent proceeding under the registration act brought by a purchaser from the heirs, to set forth any claim such minor may have to' set aside the judgment in the will contest case, and if such claim of such minor be found to be merely colorable and not substantial the cloud arising therefrom may be removed and the title to said real estate may be registered.</p> <p>5. Judgment in Will Contest Defeating will not Conclusive on Minor Claimant in Land Registration Proceeding.</p> <p>A judgment in a will contest case setting aside the will is not conclusive upon the minor defendant, but may be impeached for fraud or other equitable grounds within the limitation prescribed by Sec. 11603 G. C., or when brought in as a claimant under the registration act.</p> <p>6. Title of Bona Fide Purchaser from Heirs without Notice of Claims of Minors.</p> <p>When a judgment setting aside a will is regular upon its face, a purchaser from the heirs at law, without notice actual or constructive of the equitable