ALTEN v. BARNECUT

No. 307.

109 Ohio App. 497 (1959)

ALTEN ET AL., APPELLEES, v. BARNECUT ET AL., APPELLANTS; ET AL., APPELLEE.

Court of Appeals of Ohio, Fairfield County.

Decided April 4, 1959.


Attorney(s) appearing for the Case

Mr. Abram Cunix, for plaintiff-appellees.

Mr. Judson C. Kistler, for appellants.

Messrs. Hite & Hite and Mr. H. Wilfred Keller, for defendant-appellee.


PUTNAM, P. J.

This was an original action in the Common Pleas Court for a declaratory judgment and to determine heirship by reason of the will of Joseph T. Alten who devised property to his wife in fee simple, and, she having died within thirty days of his death and having herself made a will within the thirty-day period devising the property to her relatives, the question arose under Section 2105.21, Revised Code, as to whether her will controlled the devolution...

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