Margolis v. Pagano

This matter came before the court on an action for declaratory judgment, interpreting a will duly and properly executed by one William Margolis who died testate and whose estate was administered by the Probate Court of Hamilton County, Ohio.

All counsel agreed to submit this issue by way of memoranda in lieu of oral argument.

The facts are not in dispute. The decedent died testate on May 9, 1984. His next of kin are the plaintiff, his wife, and his two adult children, Phyllis Pagano and Isabele Teneholtz. A certificate of transfer was issued from the estate of the decedent transferring two…