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IN RE ESTATE OF ROBERTS

No. WD-80-13.

1 Ohio App. 3d 15 (1980)

IN RE ESTATE OF ROBERTS: UPOLE, EXR., APPELLANT, v. ROBERTS ET AL., APPELLEES.

Court of Appeals of Ohio, Wood County.

Decided December 31, 1980.

Attorney(s) appearing for the Case

Messrs. Cheetwood & Davies and Mr. R. Nigel Davies, for appellant.

Messrs. Hanna & Hanna and Mr. Martin L. Hanna. for appellee Barbara Silver.

POTTER, P.J.

On May 5, 1978, the Last Will and Testament of E. Meredith Roberts, Jr. (testator), was filed in, and admitted to, probate by the Court of Common Pleas of Wood County, Probate Division. Mr. Roberts died on April 21, 1978. His will had been executed ten days earlier on April 11, 1978. Item II of this will, the source of the present action, provides, in pertinent part, as follows:

"I give, devise and bequeath all of the rest and residue of my property...

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