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RICHLAND TRUST CO. v. BECVAR

No. 74-982.

44 Ohio St. 2d 219 (1975)

RICHLAND TRUST CO., EXR., ET AL., APPELLANTS, v. BECVAR ET AL.; DOWD, APPELLEE.

Supreme Court of Ohio.

Decided December 31, 1975.

Attorney(s) appearing for the Case

Mr. Robert H. Benzin, for appellant Richland Trust Co., Exr.

Messrs. Knell & Freehafer and Mr. A. Douglas Freehafer, for appellants Frederick Hummel and others.

Mr. Loyal F. Luikart, Jr., for appellee.

O'NEILL, C. J.

In the instant cause this court is called upon to review the construction placed upon the sentence "[o]ne-seventh (1/7th) to Louise Hummel, per stirpes" in the residuary clause of the will of M. Elizabeth Hummel by the Court of Appeals.

The function of the court in a will construction case is to determine and apply the testatrix's intention, as expressed in the language of the whole will, read...

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