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WAYNE SAVINGS COMMUNITY BANK v. GARDNER

C.A. No. 08CA0016.

2008 Ohio 5926

Wayne Savings Community Bank, Appellant v. Michael J. Gardner, et al., Appellees

Court of Appeals of Ohio, Ninth District, Wayne County.

Dated: November 17, 2008.

Attorney(s) appearing for the Case

Charles A. Kennedy, Attorney at Law, for Appellant.

J. Douglas Drushal, Attorney at Law, for Appellee.

Timothy R. Vansickle, Attorney at Law, for Appellee.

DECISION AND JOURNAL ENTRY

WHITMORE, Judge.

{¶1} Plaintiff-Appellant, Wayne Savings Community Bank ("the Bank"), appeals from the judgment of the Wayne County Court of Common Pleas awarding summary judgment to Defendant-Appellees, Michael J. Gardner and Sue Brown. This Court reverses.

I

{¶2} Before her death on September 25, 2004, Elizabeth W. Smith executed a living trust and a will, which devised her...

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