Kroll v. Close

Citations

• 82 Ohio St. (N.S.) 190

Syllabus

<p>Burden of proof on party relying on estoppel — Reasonableness a mixed question of law and facts — Duty of probate judge as to executor’s account — Funeral expenses according to amount of estate.</p> <p>1. The burden is upon the party who relies upon estoppel, to prove clearly and unequivocally every fact essential to the estoppel.</p> <p>2. -Ordinarily an issue as to the reasonableness or unreasonableness of anything, is a mixed question of law and fact; but where the facts are clear and undisputed it is purely a question of law.</p> <p>3. It is the duty of the probate judge, upon the hearing of an administrator’s or executor’s account, whether exceptions have been filed thereto or not, to scan closely the amounts claimed to have been paid for funeral expenses; and in the absence of statutory or testamentary provisions, the allowance for such expenses must be reasonable, having regard to the amount of the estate, the station in life of the deceased and the customs of the people in the same station, and if unreasonable and extravagant should be disallowed, even as against legatees and next of kin.</p>