HAMILTON v. PETTIFOR

No. 34688.

165 Ohio St. 361 (1956)

HAMILTON, EXR., APPELLEE, v. PETTIFOR ET AL., APPELLEES; JENNY, JR., APPELLANT.

Supreme Court of Ohio.

Decided June 13, 1956.


Attorney(s) appearing for the Case

Mr. Earl L. Hamilton, for appellee Donald M. Hamilton, executor.

Mr. O. H. Roth, for appellee Carl Leon Pettifor.

Mr. Warren E. Bigony, for appellee Emma Pettifor Gleason.

Messrs. Morgan, Lombardo & De Victor, for appellant.


Per Curiam.

The question presented is whether the term, "survivors," as used in item four of the will above quoted, relates to the survivors of the members of the class enumerated in item four, or to the survivors of the individual persons constituting that class.

This court is of the opinion that the term, "survivors," as used in item four relates to the survivors of the class enumerated therein, and that appellant is not entitled to share in the estate...

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