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CITY OF SPRINGFIELD v. PATTERSON

No. 60531.

26 Ohio Misc. 242 (1970)

CITY OF SPRINGFIELD, TRUSTEE, v. PATTERSON ET AL.

Common Pleas Court of Clark County.

Decided May 7, 1970.

Attorney(s) appearing for the Case

Mr. David R. Collins, law director, and Mr. Richard H. Wehler, for plaintiff the City of Springfield as Trustee.

Mr. Salvatore J. Spalla, for defendant Mabel L. Sanders.

Mr. Joel R. Williams, for estate of defendant Robert F. Frank, deceased.

Mr. Herbert T. Eikenbary and Mr. Carl E. Juergens, for defendant Elmer C. Frank.

Mr. H. J. Guinsler, for estate of defendant Helen Carlisle.

Mr. Robert B. Pavlatos, for defendant Mary Hauck.

Mr. Eugene A. Nevius, for defendant Leah Frank.

GOLDMAN, J.

This is an action for declaratory judgment.

The plaintiff is the city of Springfield, as trustee under the last will and testament of Anna Roth, deceased, which was admitted to probate in the Probate Court of Clark County, Ohio, on June 1, 1950.

The provision of the will which established the trust fund and which gives rise to the present action is set forth and described in the petition as Item IV of said will, and is as follows:

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