In re Estate of Pathis

Summary

The court holds that the Probate Court has jurisdiction to determine the value of a deceased partner’s interest in a partnership for estate inventory and appraisement purposes. It concludes that the partnership agreement did not remove the matter from the statutory Probate Court process and that the widow, having agreed to the appraisal method, could not later challenge that method.

Holdings

1. The Probate Court had jurisdiction to review the appraisers' work and fix the value of the deceased partner's partnership interest because the interest remained an estate asset and the parties proceeded under the statutory Probate Court appraisal procedure.
2. The widow, acting as administratrix, could not object to the appraisal method after agreeing with the surviving partner to use that method and proceeding under it.
3. Section 8093 did not apply because the partnership articles neither dispensed with an inventory and appraisement nor dispensed with a sale of the deceased partner's interest.

Questions Presented

1. Whether the Probate Court had jurisdiction to review the inventory and appraisement of the decedent's partnership interest.
2. Whether the Probate Court could determine the true monetary value of the deceased partner's interest under the applicable Ohio General Code provisions and the partnership articles.
3. Whether the administratrix could object to the appraisal method after agreeing to use the statutory procedure.

Disposition

other