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CENTRAL NATIONAL BANK OF CLEVELAND v. BREWER

No. 830679.

8 Ohio Misc. 409 (1966)

CENTRAL NATIONAL BANK OF CLEVELAND, TRUSTEE, v. BREWER ET AL.

Common Pleas Court of Cuyahoga County.

Decided October 25, 1966.

Attorney(s) appearing for the Case

Messrs. Baker, Hostetler & Patterson by Mr. Richard F. Stevens, Mr. John R. Ferguson and Mr. Jonathan E. Thackeray, for plaintiff.

Mr. Phillip A. Ranney, for defendant (Guardian ad litem for minors).

Messrs. Thompson, Hine & Flory by Mr. Frank E. Bubna and Mr. Michael M. Hughes, for defendants (Adult Life Beneficiaries).

Mr. Richard M. Donaldson, for defendant (Trustee for persons unborn).

LYBARGER, J.

This action is brought by a corporate trustee of an irrevocable inter vivos trust for equitable relief and particularly for instructions as to whether it may legally buy property it holds in a fiduciary capacity, which purchase it contends is in the best interest of the trust and all of the beneficiaries thereof. The issue is a narrow one but apparently of first impression in Ohio.

Plaintiff is the...

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