GIBBS v. LEMLEY

No. 1146.

33 Ohio App. 2d 220 (1972)

GIBBS ET AL., APPELLANTS, v. LEMLEY ET AL., APPELLEES.

Court of Appeals of Ohio, Lawrence County.

Decided October 11, 1972.


Attorney(s) appearing for the Case

Mr. James E. Waldo, for appellants.

Mr. H. D. Spears and Mr. Kenneth B. Ater, for appellees.


GRAY, J.

This cause is in this court upon appeal from a judgment of the Court of Common Pleas of Lawrence County. The question posed in this case arose in the following manner.

Plaintiffs brought an action for a contest of the will of Mary Louise Jaynes. Clarence Wiley was named in the will as a devisee and legatee and was also named executor. In the caption of the complaint Clarence Wiley was not named as executor, although he was named in the caption as...

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