BLANKNER v. LATHROP

No. 35742.

169 Ohio St. 229 (1959)

BLANKNER, APPELLANT, v. LATHROP ET AL., APPELLEES.

Supreme Court of Ohio.

Decided May 20, 1959.


Attorney(s) appearing for the Case

Messrs. Knepper, White, Richards, Miller & Roberts and Mr. Milton S. Bartholomew, for appellant.

Messrs. Eagleson & Eagleson and Mr. Donald S. McNamara, for appellees.


HERBERT, J.

The questions of law presented in this appeal may be summarized as follows:

Are the persons named in a will as executor and contingent executor competent witnesses to the will? and,

Is a will which is witnessed only by such persons validly executed?

Section 2107.03, Revised Code, provides as follows:

"Except oral wills, every last will and testament shall be in writing, but may be handwritten or typewritten. Such will shall...

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