Hirschenberger v. Cookston

Ohio Supreme Court December 29, 1964

Hirschenberger v. Cookston, 1 Ohio St. 2d 66 (Ohio 1964)

203 N.E.2d 314; 30 Ohio Op. 2d 37; 1964 Ohio LEXIS 736

Gibson, Griffith, Herbert, Matthias, Neill, Taet, Zimmerman

Opinion of the Court

Per Curiam.

The domicile of decedent is a question of fact. The records contain sufficient evidence to support the judgment of the Probate Court. The Court of Appeals was in error in substituting its judgment for that of the Probate Court on a question of fact and entering final judgments. In re Estate of Tyler, 159 Ohio St., 492. However, its judgment doing so may be treated as a reversal on the weight of the evidence. See Henry v. Henry, 157 Ohio St., 319.

The judgments of the Court of Appeals are reversed and the causes are remanded to the Probate Court for further proceedings.

Judgments reversed.

Taet, C. J., Zimmerman, Matthias, O’Neill, Griffith, Herbert and Gibson, JJ., concur.

Reference

Full Case Name: In re Estate of Paich: Hirschenberger v. Cookston, Admr., Appellant In re Estate of Paich : Nagy v. Cookston, Admr.
Cited By: 1 case
Status: Published