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HESS v. SOMMERS

No. 10-81-2.

4 Ohio App. 3d 281 (1982)

HESS, EXR., APPELLEE, v. SOMMERS ET AL., APPELLEES; RONNEBAUM ET AL., APPELLANTS.

Court of Appeals of Ohio, Mercer County.

Decided February 2, 1982.

Attorney(s) appearing for the Case

Mr. Walter R. Bernard, for plaintiff-appellee John H. Hess, executor.

Messrs. Dinsmore, Shohl, Coates & Deupree and Mr. Wiley Dinsmore, for defendant-appellee, Joseph L. Bernard in, Archbishop of Cincinnati.

Ms. Sheila P. Cooley, for defendant-appellee William J. Brown, attorney general.

Mr. Lee C. Falke, for defendants-appellants Giles Ronnebaum et al.

GUERNSEY, J.

The plaintiff, John H. Hess, Executor of the Estate of Frances Broeker, deceased, on June 2, 1980, commenced his action in the Probate Division, Court of Common Pleas of Mercer County, for the construction of the residuary clause of his decedent's will executed on February 23, 1956, and admitted to probate on February 25, 1980, a copy of which was incorporated by reference in the complaint, and the residuary clause providing:

"(h) All the balance...

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