FENN COLLEGE v. NANCE

No. 816473.

4 Ohio Misc. 183 (1965)

FENN COLLEGE ET AL. v. NANCE ET AL.

Common Pleas Court of Cuyahoga County.

Decided September 27, 1965.


Attorney(s) appearing for the Case

Messrs. Baker, Hostetler & Patterson, Mr. Howard F. Burns, Mr. Alan G. Rorick and Mr. Stephen H. Madsen, for plaintiffs.

Mr. Carl A. Mintz, for defendant Cleveland State University.

Mr. William B. Saxbe, attorney general, and Mr. Paul Marshall, for defendant state of Ohio.

Mr. Donald H. Hauser and Mr. Carl Chancellor, for defendant Cleveland Electric Illuminating Co.

Messrs. Arter, Hadden, Wykoff & Van Duzer and Mr. William W. Taft, for defendant Bickford.

Messrs. Henderson, Quail, Schneider & Peirce, for defendant Young Men's Christian Association.

Mr. William J. DeLancey and Mr. William F. Williams, for defendant Patton.

Messrs. McAfee, Hanning, Newcomer, Hazlett & Wheeler and Mr. H. Vincent E. Mitchell, for defendant Distribution Committee of the Cleveland Foundation.


LYBARGER, J.

This is an action brought under favor of Chapter 2721 of the Revised Code, for a declaratory judgment with respect to certain questions in the administration of trusts. The plaintiffs invoke not only the inherent jurisdiction of the court, sitting in equity, but also the provisions of Section 2107.46, Revised Code, which permit fiduciaries to seek directions of the court respecting trust property, and Section 2307.21, Revised Code, relating to class actions...

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