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IN RE ESTATE OF WITTEMAN

No. 69-11.

21 Ohio St. 2d 3 (1969)

IN RE ESTATE OF WITTEMAN: WITTEMAN, APPELLEE, v. DUNKLE, ADMR., ET AL.; DODDROE, APPELLANT.

Supreme Court of Ohio.

Decided December 31, 1969.

Attorney(s) appearing for the Case

Mr. Jack Lett, for appellee.

Messrs. Caren, Lane, Huggard, Alton & Horst, and Mr. William G. Corson, for appellant.

TAFT, C. J.

The first question raised is whether a devise of "all * * * my real property" to named individuals represents a specific devise of that property to them within the meaning of Section 2113.38, Revised Code.

A specific devise may be defined as a devise of part or all of or an interest in some particular real estate described by the will so as to identify it from real estate generally. See In re Estate of Mellott (1954),

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