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SMYTH v. TRUST CO.

No. 36877.

172 Ohio St. 489 (1961)

SMYTH, APPELLEE, v. THE CLEVELAND TRUST CO., APPELLANT, ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 20, 1961.

Attorney(s) appearing for the Case

Messrs. Ewing & Hecker and Mr. F. Wilson Chockley, for appellees.

Messrs. Arter, Hadden, Wykoff & Van Duzer, Mr. Thomas V. Koykka and Mr. Robert S. Burton, for appellant.

DOYLE, J.

The judgment under review was predicated in the Court of Appeals, as it was in the Court of Common Pleas, upon the cases of Bolles v. Toledo Trust Co., Exr., 144 Ohio St. 195, 58 N.E.2d 381, 157 A. L. R., 1164, and Harris v. Harris, a Minor, 147 Ohio St. 437, 72 N.E.2d 378. In this posture of things it is our purpose to re-examine the extreme position taken in the Bolles and Harris cases, in the light of the statutory...

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