Chupp v. Tomas

ANdebws, Chief Referee.

This is a declaratory judgment action brought by Robert J. Chupp, the son and only child of John Chupp. It involves problems relating to the so-called “half- and-half” statute, Section 2105.10, Revised Code.

Most of the facts are of record. In addition, the parties have filed a stipulation of facts.

John Chupp died testate on February 13, 1955, owning an undivided one-half interest in two parcels of real estate. He owned no other property. Julia Chupp (also known as Julia Csupp) was his surviving spouse, and the sole legatee and de-visee under his will. She thereby became…