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HOWLAND v. STONE FOUNDATION

No. 714820.

17 Ohio Misc. 179 (1969)

HOWLAND, EXR., ET AL. v. STONE FOUNDATION ET AL.

Probate Court of Cuyahoga County.

Decided January 30, 1969.

Attorney(s) appearing for the Case

Messrs. Ford, Clarke, Howland, Whitney & Haase, for plaintiff, John Howland, Executor u/w/o Marion H. Stone, deceased.

Messrs. Henderson, Quail, Schneider & Smelts, for defendant, The Stone Foundation.

Mr. Paul W. Brown, attorney general, and Miss Janice E. Wolfe, for defendant, state of Ohio.

Messrs. Jones, Day, Cockley & Reavis, for defendant grandchildren, Trustees of Trusts for Grandchildren and Unborn and Unknown Defendants.

ANDREWS, Chief Referee.

The surviving executor of the will of Mrs. Marion H. Stone brings this action for a declaratory judgment, asking for a construction of certain parts of the will, and for instructions relating to the distribution of the assets comprising a renounced legacy. The facts are stipulated.

By Item IV of her will, Mrs. Stone directed her executors to divide her residuary estate into three parts...

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