BANK & TRUST CO. v. ROSS

No. 35836.

169 Ohio St. 335 (1959)

THE WINTERS NATIONAL BANK & TRUST CO., TRUSTEE, APPELLANT, v. ROSS ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 17, 1959.


Attorney(s) appearing for the Case

Messrs. Coolidge, Wall & Wood and Mr. Edgar J. Graef, Jr., for appellant.

Messrs. Shively, Shively & Shell, for appellees.


HERBERT, J.

The Probate Court stated the question as follows:

"The sole question presented to the court is whether a trust company, having fully complied with the provisions of Section 1107.14, Revised Code, is nevertheless required, by reason of Sections 2109.04 and 2109.05, Revised Code, to post a bond while acting as testamentary trustee where the will creating the trust is silent as to the necessity of a bond."

As we see it, other sections of the...

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