Heater v. Mittendorf

OPINION

By MATTHEWS, J.

In this action, which was commenced in the Court of Common Pleas of Hamilton county, Ohio, and appealed on questions of law therefrom to this court, the plaintiffs seek judgment for the amount of a legacy bequeathed to their mother by the will of John H. Mitten dorf, deceased.

It appears from the pleadings and the recitals in the journal entry of stipulated facts that at the time of his death on September 19th, 1940, John H. Mittendorf was domiciled in the state of Indiana, where certain property owned by him had its situs. He also owned real estate in Hamilton county,…