KLUEVER v. TRUST CO.

No. 37096.

173 Ohio St. 177 (1962)

KLUEVER ET AL., APPELLANTS, v. THE CLEVELAND TRUST CO. ET AL., APPELLEES.

Supreme Court of Ohio.

Decided March 7, 1962.


Attorney(s) appearing for the Case

Mr. Charles C. Redmond and Mr. Owen C. Neff, for appellants.

Mr. Ellis V. Rippner, Mr. Anthony R. Fiorette and Messrs. Mills & Mills, for appellees.


MATTHIAS, J.

The single question raised by this appeal is whether a person who would inherit under the half-and-half statute in the event it is eventually determined that the decedent died intestate is a necessary party in an action to contest the will of the decedent.

It is fundamental that in Ohio the right to contest a will is wholly a creature of statute. Case v. Smith, Admx., 142 Ohio St. 95, 50 N.E.2d 142; Fletcher v. First National...

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