KIRKBRIDE v. HICKOK

No. 32254.

98 N.E.2d 4 (1951)

155 Ohio St. 165

KIRKBRIDE et al. v. HICKOK et al.

Supreme Court of Ohio.

Decided March 28, 1951.


Attorney(s) appearing for the Case

Kirkbride, Cole, Frease & Mittendorf and Rolland W. Dings, Toledo, for appellants.

Oliver Bates, Madison, Effler, Eastman, Stichter & Smith, George H. Fell, Levison & Levison, Logan, Schroeder & Swartzbaugh, Theodore Markwood, Marshall, Melhorn, Bloch & Belt, Rowe, Williams & Shawaker, and Spengler, Nathanson, Hebenstreit & Heyman, Toledo, Theodore VanDellen, Albion, Mich., Williams & Eversman and Josiah T. Herbert, Toledo, for cross-appellants.

No appearance for appellees.


ZIMMERMAN, Judge.

The appellants herein strenuously urge that the Court of Appeals had no authority or right to make the award for expenses and attorney fees under the circumstances presented, and that such award is without statutory support and is contrary to the reported cases dealing with the subject.

It is patent from an examination of the record that the charities and their attorneys had no interest in the will construction action other than to obtain...

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