169 N.E.2d 19
No. 36516Supreme Court of Ohio.
Decided July 6, 1960.
Supreme Court — Dismissal — No debatable constitutional question involved — Mutual wills by husband and wife — Subsequent death of husband and execution of new will by wife — Action for specific performance of alleged agreement to make specific bequest — Demurrer to amended petition sustained — Evidence — Section 2107.04, Revised Code — Applicability — Section 1, Article XIV, Amendments, U.S. Constitution — Sections 1, 16 and 19, Article I, Constitution — Due process.
APPEAL from the Court of Appeals for Cuyahoga County.
Mr. Anthony R. Fiorette and Mr. Richard H. Woods, for appellant.
Messrs. Stanley, Smoyer Schwartz and Mr. Edward J. Simerka, for appellees.
Per Curiam.
The appeal as of right herein is dismissed for the reason that no debatable constitutional question is involved.
Appeal dismissed.
WEYGANDT, C.J., ZIMMERMAN, TAFT, MATTHIAS, BELL, HERBERT and PECK, JJ., concur.
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