MCKELVEY v. MCKELVEY

No. 266.

90 Ohio App. 563 (1951)

McKELVEY, APPELLANT, v. McKELVEY ET AL., APPELLEES.

Court of Appeals of Ohio, Holmes County.

Decided October 31, 1951.


Attorney(s) appearing for the Case

Messrs. Badger, Pyers & Miller, for appellant.

Mr. Macin E. Estill, for appellees.


MONTGOMERY, J.

The will of Sarah McKelvey, deceased, was admitted to probate on April 19, 1949. In that will she designated Delmar Alderman as executor. The then probate judge of Holmes county, deciding that Alderman had not qualified as required by statute, on August 9, 1949, appointed the appellant, Clarence McKelvey, administrator with the will annexed. He was the only son and heir at law of the testatrix. Thereafter, on November 23, 1949, in pursuance of the decision...

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