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KEST v. LEWIS

No. 35779.

169 Ohio St. 317 (1959)

KEST, ADMR., APPELLEE, v. LEWIS ET AL., APPELLEE; CITY OF CLEVELAND, APPELLANT.

Supreme Court of Ohio.

Decided June 10, 1959.

Attorney(s) appearing for the Case

Mr. Marvin L. Kest, for plaintiff appellee.

Mr. Lawrence O. Payne and Mr. Harry E. Bonaparte, for appellee Frank T. Lewis.

Mr. Ralph S. Locher, director of law, Mr. Joseph H. Crowley, Mr. Daniel J. O'Loughlin and Mr. Salvatore R. Calandra, for appellant.

Mr. John T. Corrigan and Miss Margaret J. Spellacy, for appellee state of Ohio.

BELL, J.

We are concerned here primarily with the last two subdivisions of Section 2105.06, Revised Code, the pertinent portions of which read as follows:

"When a person dies intestate having title or right to any personal property or to any real estate or inheritance in this state, such personal property shall be distributed and such real estate or inheritance shall descend and pass in parcenary, except as otherwise provided in Chapter 2105 of the Revised...

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