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DANNER v. SHANAFELT

No. 33036.

159 Ohio St. 5 (1953)

DANNER ET AL., EXRS., APPELLEES, v. SHANAFELT ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided February 18, 1953.

Attorney(s) appearing for the Case

Mr. Dwight C. Cessna and Mr. Paul T. Mahon, for appellees.

Mr. C. William O'Neill, attorney general, Mr. Ralph Klapp and Mr. E. B. Wetherill, for appellants.

STEWART, J.

The Attorney General contends that the original finding of the Probate Court to the effect that the bequest in Charles H. Shanafelt's will "is a valid and subsisting one which said Latham Lodge No. 154, Free and Accepted Masons can legally accept or renounce" is res judicata on the question of the validity of the bequest as a charitable trust, regardless of the action of Latham Lodge. In view of the conclusion at which we have arrived, it is not...

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