Zangerle, Exr. v. Thomas

I dissent from the judgment herein entered by the majority of this court.

Item 2 and item 3 of the will provide:

‘ ‘ Item 2. I give, and devise my interest in real estate known as 17506 Lorain Avenue, Cleveland, Ohio, and further known as Sublots 3 and 4 in Paul Allien Subdivision (vol. 63, page 36 of records) as follows:

“Six-sevenths (6/7ths) to my brother, Frank J. Thomas.

“One-seventh (l/7th) to my brother, Walter Thomas, absolutely and in fee simple.

“Item 3. All the rest, residue and remainder of my estate, real and personal of every kind and description which I own or have a right to…