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IN RE WITTEMAN

No. 39008.

3 Ohio St. 2d 66 (1965)

IN RE ESTATE OF WITTEMAN.

Supreme Court of Ohio.

Decided July 7, 1965.

Attorney(s) appearing for the Case

Mr. Jack Lett, for appellant, Herbert A. Witteman.

Mr. Raymond A. Bichimer and Mr. William G. Corson, for appellee, James D. Doddroe.

SCHNEIDER, J.

Those portions of the Ohio statutes relevant to the first question presented are:

Section 2107.39, Revised Code: "After the probate of a will and filing of the inventory, appraisement, and schedule of debts, the Probate Court, on the motion of the executor or administrator, or on its own motion, forthwith shall issue a citation to the surviving spouse, if any be living at the time of the issuance...

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