Alten v. Barnecut

This was an original action in the Common Pleas Court for a declaratory judgment and to determine heir-ship by reason of the will of Joseph T. Alten who devised property to his wife in fee simple, and, she having died within thirty days of his death and having herself made a will within the thirty-day period devising the property to her relatives, the question arose under Section 2105.21, Revised Code, as to whether her will controlled the devolution of the property. The Common Pleas Court held that it did not and that Section 2105.21, Revised Code, controlled and that the property passed as…