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IN RE ESTATE OF SCHOLL

Supreme Court of Ohio.
Mar 3, 1943

Supreme Court — Dismissal — No debatable constitutional question involved — Civil action instituted and defendant conveyed realty to daughter for consideration — Probate Court granted application to relieve defendant's estate from administration — Application of claimant for appointment of administrator denied and claimant appealed — Revivor of action an alternative remedy, when — Sections 10509-5 and 11401, General Code — Section 16, Article I, Constitution.

It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.

Appeal dismissed.

WEYGANDT, C.J., MATTHIAS, HART, ZIMMERMAN, BELL, WILLIAMS and TURNER, JJ., concur.