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FIRST NATL. BANK OF CINCINNATI v. TENNEY

No. 8013.

101 Ohio App. 537 (1955)

THE FIRST NATIONAL BANK OF CINCINNATI, EXR., ET AL., APPELLEES, v. TENNEY ET AL., APPELLEES; SIMRALL ET AL., APPELLANTS.

Court of Appeals of Ohio, Hamilton County.

Decided July 5, 1955.

Attorney(s) appearing for the Case

Messrs. Cottle, Campbell & Druffel and Mr. William H. Kite, for plaintiff appellees.

Mr. Sanford Headley and Mr. Walter K. Sibbald, for defendant appellees.

Messrs. Pogue, Helmholz, Culbertson & French, Messrs. Kirk & Pinkerton and Mr. John C. McCarthy, for appellants.

MATTHEWS, J.

The First National Bank of Cincinnati is executor of the last will and testament of Mary E. Monfort, also trustee under a trust agreement executed and delivered by Mary E. Monfort in her lifetime, and executor of the last will and testament of Adelaide Monfort Iredell. In those three capacities it instituted an action in the Probate Court of Hamilton County to secure instruction as to who was entitled to certain property, which it was holding in the capacity...

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