KERFEL v. TRIMBACH

Supreme Court — Dismissal — No debatable constitutional question involved — Wills — Contest — Revocation — Accomplished, how — Section 10504-47, General Code — Act of obliteration and intent to revoke to be concurrent — Obliteration of single nondispositive clause — Inconclusive and insufficient to show intent, when — Will remained in possession of testator — Evidence — Not sufficient to go to jury, when — Directed verdict.

It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.

Appeal dismissed.

WEYGANDT, C.J., MIDDLETON, TAFT, HART, ZIMMERMAN and STEWART, JJ., concur.

MATTHIAS, J., not participating.