Shoemaker's Ex'r v. Consorti

Opinion of the Court by

Judge Siler

Never sing.

This case involves two appeals, but it appears to be necessary to treat only one, in view of the manner of onr final disposition.

In the beginning, this was a petition seeking a settlement of the estate of Chris C. Shoemaker, deceased, bnt a subsequent pleading made it a declaratory judgment action seeking a judicial interpretation of Shoemaker’s will.

Merrill Shoemaker and Willard Bartoe, nephews of the decedent and also beneficiaries under his will, are the principal appellants, while Silvio Consorti and Methodist Church of Wellston, Ohio,…