In re Estate of Birt

The executor of the within estate has filed an application to determine whether or not Danny Warren Birt has the right to take under the Will of Luther Birt, decedent herein. Danny Birt is the sole beneficiary under the Will of Luther Birt. Opposing his right to inherit are two adult children, who would take the estate as heirs, were Danny Birt not qualified to take under the will.

This matter has been presented upon stipulation of facts and briefs by counsel. The parties have stipulated that on May 4, 1983, the Juvenile Division of the Common Pleas Court of Preble County determined Danny Birt…