YOUNKER v. JOHNSON

No. 33588.

160 Ohio St. 409 (1954)

YOUNKER, EXR., APPELLANT, v. JOHNSON, APPELLEE; YOUNKER, APPELLANT.

Supreme Court of Ohio.

Decided January 13, 1954.


Attorney(s) appearing for the Case

Mr. Thomas B. Stahl, for appellant Walter R. Younker, executor.

Messrs. Hull & Hawk, for appellee.

Messrs. Young & Young, for appellant Bessie P. Younker.


WEYGANDT, C. J.

The brief controlling facts are not in dispute.

The Johnsons were married on February 28, 1898. The decedent executed the will on October 25, 1937. Approximately a year and a half later Mrs. Johnson obtained a divorce on June 12, 1939. Mr. Johnson's death occurred on December 7, 1951.

Under the provisions of his will, Mr. Johnson devised one half of his property to Mrs. Johnson and the other half to their daughter. However, it is the...

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