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O'NEAL v. BUCKLEY

No. 79-5.

67 Ohio App. 2d 45 (1979)

O'NEAL, APPELLANT, v. BUCKLEY, EXRX., ET AL., APPELLEES.

Court of Appeals of Ohio, Morgan County.

Decided December 4, 1979.

Attorney(s) appearing for the Case

Messrs. Davidson, Heckler, Riggs & Spahr, Mr. Walter P. Davidson and Mr. Jeffrey P. Kelbley, for appellant.

Messrs. Christie & Christie, Mr. Robert S. Christie, Mr. Robert J. Christie and Mr. Donovan Lowe, for appellees.

PUTMAN, P. J.

This is an appeal from the dismissal by the Court of Common Pleas of Morgan County, Probate Division, of a will contest case for the reason that the Attorney General of Ohio had not been joined in the action.

It is conceded as a matter of law that failure to join the necessary parties, within the specified time, is fatal to the subject matter jurisdiction of a will contest case.2 Accordingly, our analysis concerns...

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