Sargent v. Corbley

Citations

• 18 Ohio C.C. Dec. 125
• 7 Ohio C.C. (n.s.) 226
• 1905 Ohio Misc. LEXIS 456

Syllabus

<p>COURTS — EXECUTORS AND ADMINISTRATORS.</p> <p>Jelke, Swing and Giffen, JJ.</p> <p>1. Court may in its Discretion Waive its own Rules.</p> <p>Rules of court are not principles of law, but are of tbe court’s own making; hence, if the court, for reasons satisfactory to itself, sees fit to break or waive them, such action cannot be charged to it as an abuse of discretion.</p> <p>2. Other Things Being Equal, the Court will Appoint as Administrator the One Desired by the Beneeiciaries.</p> <p>In the appointment of an administrator of a decedent’s estate, the court will, as between parties otherwise equally well qualified, select the one possessing the confidence of, and desired by the larger number of the beneficiaries.</p> <p>3. Appointment of Administrator will not be Set Aside because Reviewing Court might have Made Other Selection.</p> <p>The appointment of an administrator will not be set aside merely because the appellate' court might have made a different selection, in the absence of proof that the appointee was so unsuitable as to warrant the presumption that there was an a.buse of discretion.</p> <p>[Syllabus approved by the court.]</p>