Zangerle v. Thomas

I dissent from the judgment herein entered by the majority of this court.

Item 2 and Item 3 of the will provide:

“Item 2. I give, and devise my interest in real estate known as 17506 Lorain Avenue, Cleveland, Ohio, and further *364known as Sub Lots 3 and 4 in Panl Allien Subdivision (Vol. 63, Page 36 of Records) as follows:

Six-sevenths (6/7ths) to my brother, Frank J. Thomas, One-seventh (1/7th) to my brother, Walter Thomas, absolutely and in fee simple.

“Item 3. All the rest, residue and remainder of my estate, real and personal of every kind and description which I own or have a right to dispose…