Lower v. Lower

Citations

• 2026 Ohio 2098

Syllabus

In this appeal arising out of an underlying will contest action, we affirm the judgment of the trial court. The trial court did not err in overruling appellant's objections to the magistrate's decision recommending that summary judgment be granted in favor of Donald Lower in both his individual capacity and his capacity as executor. Nor did the trial court err in permitting decedent's physician to submit his affidavit testifying to Decedent's testamentary capacity, or in failing to strike the affidavit of decedent's attorney who drafted the will. Furthermore, the doctrine of cumulative error is not applicable in this matter. Finally, appellant's claims that the trial court exhibited bias against him and/or engaged in judicial misconduct during the proceedings below lacks merit, and even if it did not so lack merit, his sole remedy was to file an affidavit of prejudice with the clerk of the Ohio Supreme Court pursuant to R.C. 2701.03, which he failed to do. Judgment affirmed.