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CLARK, TRUSTEE, v. CUSHING

No. 678921.

6 Ohio Misc. 75 (1966)

CLARK ET AL., TRUSTEES, v. CUSHING ET AL.

Probate Court, Cuyahoga County.

Decided January 7, 1966.

Attorney(s) appearing for the Case

Messrs. Jones, Day, Cockley & Reavis, for plaintiffs, Robert J. Clark and Herbert K. Oakes, Trustees under the Will of Florence W. Cushing, and legatees thereunder.

Mr. William B. Saxbe, attorney general, and Mrs. Neva H. Werts, for defendant, state of Ohio.

ANDREWS, Chief Referee.

The present trustees of a testamentary trust established pursuant to the will of Florence W. Cushing bring this action seeking a declaratory judgment and the direction of the court with reference to the distribution of the trust estate. The issue before the court relates to class gifts and more particularly to the construction of a provision for substitutional beneficiaries in case of the death of a person within the class description.

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