De Wolf v. Frazier

OPINION

By WISEMAN, PJ.

This is an appeal on questions of law and fact from the judgment of the Probate Court of Shelby County, Ohio, rendered in an action for declaratory judgment, in which the court construed the will of Ella Miller, deceased.

The said Ella Miller died testate, a resident of Shelby County, Ohio, October 18, 1940, leaving a last will and testament, which was duly admitted to probate in the Probate Court of Shelby County, Ohio, on October 29, 1940, on which date Jesse L. Frazier duly qualified as Executor of said will.

The chief beneficiary under t'he will of Ella Miller was her…