Barrick, Exr. v. Fligle

This is an appeal on questions of law from a judgment entered by the Probate Court of Summit County, Ohio.

Mabel J. Ryan Fligle died testate on October 19, 1955, survived by her husband, Albert M. Fligle, who died two days later: on October 21, 1955. Both Mr. and Mrs. Fligle had been previously married. The heirs of these decedents both claim the portion of her estate given to Mr. Fligle by the last will of his wife.

John J. Barrick, the executor, then filed an action for the construction of the will and the determination of heirship. It is from the judgment rendered in that action that an…