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CASEY v. GALLAGHER

Nos. 40061, 40084 and 40085.

11 Ohio St. 2d 42 (1967)

CASEY, EXRX., ET AL., APPELLEES, v. GALLAGHER ET AL., APPELLEES; DEIBEL ET AL., APPELLANTS. CASEY, EXRX., ET AL., APPELLANTS, v. GALLAGHER ET AL., APPELLEES. (TWO CASES.)

Supreme Court of Ohio.

Decided June 28, 1967.

Attorney(s) appearing for the Case

Mr. Jerry F. Whitmer, for plaintiff-appellees in case No. 40061 and appellants in cases Nos. 40084 and 40085.

Messrs. Manchester, Bennett, Powers & Ullman and Mr. John F. Elsaesser, for the appellants in case No. 40061.

Mr. Roger V. Day, Mr. Earl F. Cailor, Mr. Shelby V. Hutchins, Messrs. Kincaid, Palmer & Randall, Mr. Bert Rigelhaupt, Mr. Paul L. Booth and Mr. John A. Schwemler, for appellees.

O'NEILL, J.

In the instant cause this court is called upon to review the construction placed upon the will of John Gallagher, testator and settlor herein, by the Court of Appeals for Mahoning County.

It is settled beyond all possible doubt that the function of the court in a will construction case is to determine and apply the testator's intention, as expressed in the language of the whole will, read in the light of the circumstances surrounding its execution...

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