Foulks, Exr. v. Talbott, Exr.

This is an appeal on questions of law. The plaintiff filed a petition in the Court of Common Pleas asking the court for a declaratory judgment and setting forth the following facts:

Flora C. Pigman died testate on November 24, 1935. By the terms of her will she gave a life estate in certain real estate in Galion, Ohio, to her brother Charles S. Hetrick, a resident of Goshen, Indiana. Charles S. Hetrick took possession of the real estate and contin aed ill possession until Ms death on September 4, 1940. He paid the taxes on such real estate through the instalment of taxes due in June, 1940,…