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EBBS v. SMITH

No. 15,187.

59 Ohio Misc. 133 (1979)

EBBS ET AL. v. SMITH, EXR., ET AL.

Court of Common Pleas of Highland County, Probate Division.

Decided January 26, 1979.

Attorney(s) appearing for the Case

Mr. Daniel Kilcoyne, for plaintiff.

Mr. Robert J. Smith, for defendant executor.

Mr. Jesse Cole, Jr., for defendant.

DAVIS, J.

This cause is before the court on a motion for summary judgment in an action for determination of heirship.

The court finds the facts uncontroverted. Sadie S. McWilliams died testate April 2, 1978. Her last will and testament, executed December 3, 1974, gave here residuary estate "* * * to the children and grandchildren of Mary Muntz. Share and share alike among those living at the time of my death...

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