TRUSTEES OF DIOCESE OF SOUTHERN OHIO v. GILCHRIST

Nos. C-800111 and C-800344.

3 Ohio App. 3d 223 (1981)

TRUSTEES OF THE DIOCESE OF SOUTHERN OHIO (EPISCOPAL), APPELLANT, v. GILCHRIST, EXECUTOR, ET AL., APPELLEES.

Court of Appeals of Ohio, Hamilton County.

Decided October 7, 1981.


Attorney(s) appearing for the Case

Strauss, Troy & Ruehlmann Co., L.P.A., Mr. Samuel M. Allen and Mr. Richard Boydston, for appellant Trustees of Episcopal Diocese.

Messrs. Kohnen & Kohnen, Mr. Ralph B. Kohnen, Jr., and Mr. Roger W. Healey, for appellee Fifth Third Bank, trustee of testamentary trust of Eugene Zimmerman.

Messrs. Frost & Jacobs, Mr. T. Stephen Phillips and Mr. Larry H. McMillin, for appellee Sidney Arthur Robin George Drogo Montagu, Eleventh Duke of Manchester.

Messrs. Taft, Stettinius & Hollister, Ms. Cynthia F. Blank and Mr. Daniel J. Hoffheimer, for appellees and cross-appellants United States Trust Company of New York, Alton E. Peters and Thomas B. Gilchrist, Jr., executors of the Will of Alexander George Francis Drogo Montagu, Tenth Duke of Manchester.


KLUSMEIER, J.

This is an appeal from a decision of the Hamilton County Court of Common Pleas dismissing an action seeking to contest the Will of Helena, Dowager Countess of Kintore.

On January 30, 1915 the Last Will and Testament of Eugene Zimmerman was admitted to probate in Hamilton County, Ohio. The Will of Eugene Zimmerman established a testamentary trust for the benefit for life of his daughter, Helena...

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