WEBBER, J. (by assignment).
This case is submitted to the court on an agreed statement of facts which are briefly as follows: Mary Chopcinski died testate on July 8, 1967, and her last will and testament was filed in Probate Court of Lorain County within a few days thereafter. On October 30, 1968, Helen Kufel, one of the heirs of Mary Chopcinski estate, filed a partition action in the Court of Common Pleas, Lorain County, Case No. 73832. On October 31, 1968, approximately...
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