Legal Opinion

Upole v. Roberts

Ohio Court of Appeals

Decided December 31, 1980No. WD-80-13Published

1Opinion of the CourtPotter, P.J.

On May 5, 1978, the Last'Will and Testament of E. Meredith Roberts, Jr. (testator), was filed in, and admitted to, probate by the Court of Common Pleas of Wood County, Probate Division. Mr. Roberts died on April 21, 1978. His will had been executed ten days earlier on April 11, 1978. Item II of this will, the source of the present action, provides, in pertinent part, as follows:

“I give, devise and bequeath all of the rest and residue of my property***to Paul L. Upóle of Bradner, Ohio in trust upon the terms set forth below.***
“If my wife, Zana E. Roberts shall survive me, my trustee shall…

2Cases cited4 opinions

  1. Key v. DoyleSupreme Court of the United States · 1978
  2. Matter of Estate of CavillSupreme Court of Pennsylvania · 1974
  3. Estate of HighCalifornia Court of Appeal · 1967
  4. Newman v. NewmanCuyahoga County Probate Court · 1964

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