BENNER & CO. v. ATLAS REMAINDER, INC.

No. 17893.

20 Ohio Misc. 59 (1969)

BENNER & CO. ET AL., APPELLEES, v. ATLAS REMAINDER, INC., ET AL., APPELLANTS.

United States Court of Appeals, Sixth Circuit.

Decided February 26, 1969.


Attorney(s) appearing for the Case

Mr. Earl F. Morris, Messrs. Wright, Harlor, Morris, Arnold & Glander, Mr. C. R. Beirne, Messrs. Beirne, Wirthlin & Manley and Mr. Jon M. Anderson, for appellants.

Mr. John C. Graham, Mr. Ernest B. Graham, Mr. J. Bruce Donaldson and Messrs. Raymond, Chirco, Fletcher, Donaldson & Ruwart, for appellees.

Messrs. Graham & Graham, for appellee Emil H. Hrobon.

Before EDWARDS, CELEBREZZE and PECK, Circuit Judges.


PECK, Circuit Judge.

Benner & Company and Emil Hrobon1 sought a declaration of rights under the will of Clay M. Thomas in the District Court of the Southern District of Ohio. The question about which the plaintiff sought a declaration concerns what rights the owners of the trust income have in relation to the owners of the remainder upon termination of the trust. A summary of the facts is necessary in order to gain the needed perspective...

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