Opinion
No. 21535
Decided May 29, 1929.
Real property — Disentailment of estates — Unnecessary to name unborn devisees or representatives of parties.
ERROR to the Court of Appeals of Montgomery county.
Messrs. Burkhart, Heald Pickrel, for plaintiff in error.
Mr. Charles W. Dale, for defendant in error.
The decision in this case has been held in abeyance pending the consideration and decision of the case of Schneider v. Wolf, 120 Ohio St. 524, 166 N.E. 679, decided by this court May 22, 1929. The controlling facts in this case and the issues presented by the record are in accord with the facts and issues presented in the Schneider case, and every issue in this case is covered by the syllabus and opinion written in that case. It is quite unnecessary to here restate the facts and the law upon the same issues.
The judgment of the lower courts will be affirmed.
Judgment affirmed.
MARSHALL, C.J., KINKADE, JONES, DAY and ALLEN, JJ., concur.