BOULGER v. EVANS

No. 77-378.

54 Ohio St. 2d 371 (1978)

BOULGER, ADMR., APPELLANT, v. EVANS ET AL.; ROLL, APPELLEE.

Supreme Court of Ohio.

Decided June 21, 1978.


Attorney(s) appearing for the Case

Mr. William C. Boulger, for appellant.

Messrs. Margulis, Gussler, Hall & Hosterman and Mr. John W. Hosterman, for appellee.


COLE, J.

Certain preliminary issues are raised by the judgment of the Court of Appeals. That court determined that the trial court was in error in overruling the pretrial motion made by Carol Roll to require that the state of Ohio be joined as a party to the proceeding.

Under the statute of descent and distribution (R. C. 2105.06), there is the possibility that none of the named classes of beneficiaries in fact...

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