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VITOUS v. VITOUS

No. 28161.

9 Ohio App. 2d 302 (1967)

VITOUS, APPELLANT, v. VITOUS ET AL., APPELLEES.

Court of Appeals of Ohio, Cuyahoga County.

Decided March 9, 1967.

Attorney(s) appearing for the Case

Mr. Ned L. Mann and Mr. John T. Feighan, for appellant.

Messrs. Rippner, Schwartz, Carlin & Weiss and Messrs. Lustig, Icove & Lustig, for appellees.

SKEEL, J.

This appeal comes to this court on questions of law from a judgment of the Probate Court of Cuyahoga County interpreting paragraphs two and three of the last will and testament of Jerry Vitous. The court held that each of the deceased's two children should receive one-half of the residuum of the estsate.

The two paragraphs that are in question read as follows:

"Item II.

"I give, devise and bequeath to my son, Donald Vitous, the sum...

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