IN RE ESTATE OF MILLER

Appellate No. 2011-CA-12.

2011 Ohio 6327

In the Matter of The Estate of Lou Ellen Miller.

Court of Appeals of Ohio, Second District, Champaign County.

Rendered on December 9, 2011.


Attorney(s) appearing for the Case

JOHN E. FULKER , Atty. Reg. #0003295, and WILLIAM J. FULKER , Atty. Reg. #0003299, Faust, Harrelson, Fulker, McCarthy & Schlemmer, LLP, Post Office Box 8, 12 South Cherry Street, Troy, Ohio 45373, Attorney for Appellant, Debra DeWeese, Executrix.

DIANA WALLEN , 250 Park Avenue, St. Paris, Ohio 43072; JEFFREY LEE MILLER , 1345 Covington Avenue, Apartment B, Piqua, Ohio 45356; and PAUL STEVEN MILLER , c/o Diana Lou Wallen, 250 Park Avenue, St. Paris, Ohio 43072. Appellees, pro se.


OPINION

FAIN, J.

{¶ 1} Debra DeWeese, the Executrix of the Estate of Lou Ellen Miller, deceased, appeals from an order of the Champaign County Probate Court that orders that a predeceased child's share of the estate "must be distributed per stirpes as that is the intention manifested in the decedent's Last Will and Testament." Debra DeWeese contends that the deceased child's share of the estate should instead be distributed proportionally...

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