State ex rel. Barbee v. Allen

Citations

• 96 Ohio St. (N.S.) 10

Syllabus

<p>Power of probate court—To determine where will entitled to probate— Finding as to residence of testator — Judgment of court admitting will to probate — Though erroneous in law and fact — Cannot be reviewed by superior court — In prohibition proceedings.</p> <p>1. The probate court, vested by the constitution with jurisdiction in probate and testamentary matters and recognized as competent to decide on its own jurisdiction, has power to determine whether a will is entitled to probate and whether letters testamentary thereon shall issue.</p> <p>2. When, upon the hearing of an application for the probate of a will and for letters testamentary, the probate court finds that the testator at the time of his death was a resident of the county in which the application is made, an order or judgment of the court admitting the will to probate and issuing letters testamentary thereon, however erroneous the conclusions of law and fact upon which the judgment or order is based may be, cannot be reviewed or. set aside by a superior court in a proceeding in prohibition.</p>