BALDUF, EXR. v. EVANS

No. 4720.

95 Ohio App. 292 (1953)

BALDUF, EXR., APPELLEE, v. EVANS ET AL., APPELLEES; BALDUF, APPELLANT.

Court of Appeals of Ohio, Lucas County.

Decided June 8, 1953.


Attorney(s) appearing for the Case

Messrs. Cline, Bischoff & Cook, for appellee executor.

Mr. Andrew J. Quinn and Mr. Earley A. Watkins, for appellant.


CONN, J.

The executor of the estate of Robert J. Evans, deceased, began an action in the Probate Court to construe the will of such decedent. The devisees and legatees were made parties defendant. Each of the defendants was served with summons or entered an appearance, except one, which omission is not material here.

On page two of the petition are the following averments:

"During the last sickness of...

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