IN RE ESTATE OF EVANS

No. 34462.

165 Ohio St. 27 (1956)

IN RE ESTATE OF EVANS: BALDUF, EXR., APPELLEE, v. EVANS, APPELLANT; BALDUF, APPELLEE.

Supreme Court of Ohio.

Decided March 7, 1956.


Attorney(s) appearing for the Case

Messrs. Cline, Bischoff & Cook, for appellee Carl R. Balduf, executor.

Messrs. Zachman, Boxell, Bebout & Torbet, for appellant.

Mr. Harley A. Watkins and Mr. A. J. Quinn, for appellee Nell Balduf.


ZIMMERMAN, J.

It may well be that the Court of Appeals arrived at a just result in its disposition of this cause, but is that disposition in accordance with settled legal principles and did not the Court of Appeals, in effect, make a will for the testator?

Item five of the will is plain and to the point; it creates a specific legacy and gives and bequeaths to Nell Balduf "all cash in the box on the desk in the back room of my home." And that is all. No extrinsic...

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