Bussell v. Cline

OPINION

By SWAIM, J.

OPINION ON MOTION TO DISMISS ACTION TO CONTEST WILL, BECAUSE OF FAILURE TO MAKE BROTHER OF PREDECEASED SPOUSE OF DECEDENT (TESTATRIX), A PARTY HERETO WITHIN THE STATUTORY SIX MONTHS FROM PROBATE OF WILL OF DECEDENT (TESTATRIX). THE MOTION HAVING AS BASIS THE “HALF-AND-HALF” STATUTE, §2105.10 R. C.

Luella Mills, testatrix herein, residing at Sabina, Clinton County, Ohio, died testate on June 8, 1959, survived by one brother, Wallace Bussell, of Cleves, Ohio, and a nephew (apparently only child of a deceased brother), Charles E. Bussell, of Salina, Kansas, and Dayton, Ohio;…