Citizens National Trust & Savings Bank v. Blank

NOUESE (Paul), J. pro tern.,* Dissenting.

I concur in

the majority opinion insofar as it holds that the so-called second codicil was executed and witnessed in the manner required by law.

I dissent from the majority opinion insofar as it holds that the evidence herein is sufficient to uphold a finding that the original will and first codicil were in existence at the time of the testator’s death, and I am further of the opinion that the findings of the trial court are so conflicting as not to constitute in fact a finding that said will and codicil were in existence at the time of the testator’s…