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IN RE ESTATE OF MORTON

No. 2427.

105 Ohio App. 438 (1957)

IN RE ESTATE OF MORTON: MOAK, EXRX., APPELLEE, v. MOAK ET AL., APPELLANTS.

Court of Appeals of Ohio, Montgomery County.

Decided September 26, 1957.

Attorney(s) appearing for the Case

Mr. Glenn D. McClellan, for appellee.

Messrs. Coolidge, Wall & Wood and Mr. Edgar J. Graef, Jr., for appellant Alice S. Devers.

Messrs. Harshman, Young, Colvin & Alexander and Mr. Maxwell H. Stamper, for Jeannette Conner.

CRAWFORD, J.

This is an appeal on questions of law from the action of the Probate Court in construing the will of Bessie J. Morton, deceased, and ordering distribution accordingly.

The facts are not in issue, having been stipulated in the Probate Court. Item four of the will reads as follows:

"In case that my husband, J. B. Morton, shall survive me I give, devise and bequeath to him, during his lifetime...

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