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IN RE ADOPTION OF LEWIS

Nos. 40032 and 40033.

8 Ohio St. 2d 25 (1966)

IN RE ADOPTION OF LEWIS: WALLS ET AL., APPELLANTS, v. COMBS, APPELLEE. (Two cases.)

Supreme Court of Ohio.

Decided December 21, 1966.

Attorney(s) appearing for the Case

Messrs. True & Meyer and Mr. Oliver True, for appellants.

Mr. Thomas L. Corogin and Mr. George S. Taylor, for appellee.

TAFT, C. J.

Paragraph four of the syllabus of In re Adoption of Biddle (1958), 168 Ohio St. 209, 152 N.E.2d 105, reads:

"4. Under the provisions of Section 3107.06, Revised Code, the allegation in an adoption proceeding that a parent `willfully failed to properly support and maintain' the child raises a question of fact for the determination of the Probate Court."

Thus, if the evidence presented to the...

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