IN RE TRUST OF GALLAGHER

No. 4296.

118 Ohio App. 477 (1963)

IN RE TRUST OF WILL OF GALLAGHER: HERALD ET AL., TRUSTEES, APPELLANTS, v. GALLAGHER, APPELLEE.

Court of Appeals of Ohio, Mahoning County.

Decided March 12, 1963.


Attorney(s) appearing for the Case

Messrs. Harrington, Huxley & Smith, Mr. John Schwemler and Mr. Jerry F. Whitmer, for appellants.

Messrs. Dargusch & Dargusch and Messrs. Cailor & Cailor, for appellee.


BROWN, J.

This appeal on questions of law and fact arises from an application addressed originally to the Mahoning County Probate Court. The applicant states that he was an income beneficiary of a testamentary trust. The trust was established by Item 4 of the will of John Gallagher which was admitted to probate in Mahoning County in 1924. Prior to June 1952 applicant, Angus Gallagher, was receiving one-sixth of the trust income and his half brother, John P. Gallagher...

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