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KRETZER v. BRUBAKER

No. 94-2039.

74 Ohio St.3d 519 (1996)

KRETZER ET AL., APPELLANTS, v. BRUBAKER ET AL., APPELLEES.

Supreme Court of Ohio.

Decided February 14, 1996.

Attorney(s) appearing for the Case

John Donovan, for appellants.

Edmund G. Peper, for appellees.

Submitted at the Van Wert Session October 25, 1995.

MOYER, C.J.

In this case, we are asked to determine whether an agreement to make a will or the actual will itself controls in determining the intent of the testator.

We have held that a valid contract to make a will may be specifically enforced against the heirs of the promisor if a will is not executed. Emery v. Darling (1893), 50 Ohio St. 160...

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