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DOLLAR SAVINGS AND TRUST CO v. KIRKHAM

No. 72001-C.

21 Ohio Misc. 163 (1969)

DOLLAR SAVINGS AND TRUST CO., TRUSTEE, v. KIRKHAM, ET AL.

Probate Division, Common Pleas Court of Mahoning County.

Decided November 19, 1969.

Attorney(s) appearing for the Case

Messrs. Manchester, Bennett, Powers & Ullman, for plaintiff.

Messrs. Harrington, Huxley & Smith, for defendants Elizabeth Kirkham and William Kirkham.

Messrs. Friedman & Rummell and Messrs. Pfau, Comstock & Springer, for defendant Claire Kirkham.

Messrs. Traxler, Malkoff & Schwartz, for defendant Victor Kirkham.

Messrs. Newman, Olson & Kerr, for defendants Clark A. Chathams, Irene H. Chathams, and The Ohio State School for Deaf Alumni Association.

HENDERSON, J.

This was heard upon a petition for the construction of a will, the determination of heirship and a declaratory judgment. This opinion is limited to the question of whether Charles W. Kirkham exercised by his will a power of appointment given him by the will of his father, Joseph Kirkham. Joseph Kirkham died testate January 31, 1954, leaving his estate in trust for his son Charles W. Kirkham for life, with a general testamentary power of appointment to...

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