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Wills, Trusts & Estates Keyed to Gallanis
Holmes v. Fentress
Citation:
1980 WL 353651 (Ohio App. 1980)Facts
Harold Carlin, also known as Harold Frederick Neff (prior to his name change in 1944), and defendant Marie Geissinger were married in Michigan, in 1926. In 1935 defendant filed suit for divorce. Without her knowledge, the divorce action was dismissed in 1936. Both defendant and the decedent believed they had been legally divorced and both parties subsequently married other spouses. Harold Carlin’s second wife predeceased him. On November 7, 1974, Harold Carlin executed a will naming his “dear friend, Marie D. Geissinger” as his sole beneficiary. He died on November 16, 1978, leaving no children and, to his knowledge, no wife. Carlin was survived by the plaintiffs, his sister Marie E. Holmes, and two brothers, Bernarr Neff and Ralph Neff. He was also survived by a niece, Donna Fentress, the daughter of a deceased brother. Plaintiffs filed a complaint to contest the will which had been admitted to probate in December of 1978.
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