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KOGUT v. MARCELLI

No. 2011CA00026.

2012 Ohio 183

Rose Kogut, Plaintiff-Appellant, v. Thomas Marcelli, Defendant-Appellee.

Court of Appeals of Ohio, Fifth District, Stark County.

DATE OF JUDGMENT: January 17, 2012.

Attorney(s) appearing for the Case

EDGAR M. MOORE, JR., TIMOTHY J. MOORE, 4940 Munson Street, NW, P.O. Box 35426, Canton, OH 44735, For Plaintiff-Appellant.

DAVID DINGWELL, 220 Market Avenue, South, 8th Floor, Canton, OH 44702, For Defendant-Appellee.

Before: W. Scott Gwin, P.J., Sheila G. Farmer, J., Patricia A. Delaney, J.,

OPINION

FARMER, J.

{¶1} On May 27, 2009, the Estate of Mary Marcelli was opened (Case No. 206212). Executor of the estate was her son, appellee, Thomas Marcelli. On March 10, 2010, appellee filed an account. On April 5, 2010, Mary's daughter and appellee's sister, appellant, Rose Kogut, filed exceptions to the account, claiming appellee failed to disclose over $160,000.00 in cash and other items.

{¶2} On May 19...

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