Boulger v. Evans

Certain preliminary issues are raised by the judgment of the Court of Appeals. That court determined that the trial court was in error in overruling the pretrial motion made by Carol Roll to require that the state of Ohio be joined as a party to the proceeding.

Under the statute of descent and distribution (R. C. 2105.06), there is the possibility that none of the named classes of beneficiaries in fact, in a given case, exist. Where then there is no will or there is a will but it failed to dispose of all the property of a decedent, and the named classes of beneficiaries under R. C. 2105.06 do…