CONKLE v. CONKLE

No. 382.

31 Ohio App. 2d 44 (1972)

CONKLE ET AL., EXRS., APPELLEES, v. CONKLE ET AL., APPELLANTS.

Court of Appeals of Ohio, Coshocton County.

Decided March 10, 1972.


Attorney(s) appearing for the Case

Mr. Russell E. Lyons, for plaintiffs-appellees.

Messrs. Barry & Blanchard, for Maynard Conkle, defendant-appellant.

Messrs. Freeman, Leech & Freeman, for Randall and Carol Conkle, defendants-appellees.


PUTMAN, J.

This case calls for a determination of whether two children adopted by a testator's children are to be included in a post-1951 testamentary class gift to his "living grandchildren."

One adoption took place, to testator's knowledge, more than two years prior to his re-publication of his will—by codicil. This adoption is thus removed from the "stranger to the adoption" rule which was derived from cases all of which involved adoptions subsequent...

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