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BRAUN v. CENTRAL TRUST CO., EXR.

No. 7542.

92 Ohio App. 110 (1952)

BRAUN ET AL., APPELLANTS, v. THE CENTRAL TRUST CO., EXR. AND TRUSTEE, ET AL., APPELLEES.

Court of Appeals of Ohio, Hamilton county.

Decided May 19, 1952.

Attorney(s) appearing for the Case

Messrs. DeFossett & DeFossett, for appellants.

Messrs. Smith & Smith, for appellee The Central Trust Company.

Messrs. Dinsmore, Shohl, Sawyer & Dinsmore, for appellee Cerise Eyre Shepard.

MATTHEWS, J.

Oscar F. Shepard died testate on the 26th day of May, 1950. His will, dated July 25, 1949, was admitted to probate on June 15, 1950. There are twelve dispositive and enabling items in this will, but the legal sufficiency of items five and seven alone is drawn in question in this action to obtain a construction of it. The legal effect of items five and seven are in no wise affected by the other provisions.

By items five and seven, the testator...

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