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KIRKBRIDE v. HICKOK

No. 32256.

98 N.E.2d 815 (1951)

155 Ohio St. 293

KIRKBRIDE et al. v. HICKOK et al.

Supreme Court of Ohio.

April 25, 1951.

Attorney(s) appearing for the Case

Kirkbride, Cole, Frease & Mittendorf and Rolland W. Dings, all of Toledo, for plaintiff-appellees.

Kirkbride, Cole, Frease & Mittendorf, Rolland W. Dings, Welles, Kelsey, Fuller, Harrington & Seney and James Hodge, Jr., all of Toledo, Slyfield, Hartman, Reitz & Tait, Detroit, Mich., Glenn P. Beavers and J. C. McFellin, Toledo, for defendant-appellees.

Oliver Bates, Madison, Effler, Eastman, Stichter & Smith, George H. Fell, Harry & Stanley K. Levison, Logan, Schroeder & Swartzbaugh, Theodore Markwood, Marshall, Melhorn, Bloch & Belt, Rowe, Williams & Shawaker, Spengler, Nathanson, Hebenstreit & Heyman, all of Toledo, Theodore Van Dellen, Albion, Mich., Williams & Eversman and Josiah T. Herbert, all of Toledo, for appellants.

STEWART, Judge.

The question of law presented to us is a narrow one. It is whether Section 10504-5, General Code, renders a bequest to charities, made in a will executed within one year before the death of the maker, void or merely voidable at the instance of the next of kin named therein, and whether the acceptance of the benefits, as provided in a will, by the next of kin of the testator constitutes a waiver of their rights under Section 10504-5 and confirms the...

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