KINDT v. THE CLEVELAND TRUST CO.

No. 758570.

26 Ohio Misc. 1 (1971)

KINDT v. THE CLEVELAND TRUST COMPANY ET AL.

Probate Division, Common Pleas Court of Cuyahoga County.

Decided January 4, 1971.


Attorney(s) appearing for the Case

Mr. Reese Dill, for plaintiff.

Mr. Edward A. Eisele, Jr., for defendant Cleveland Trust Co.

Mr. Sidney R. Davis, for defendants David T. Kindt et al.

Mr. Robert H. Trenkamp, for Trustee for Suit.


ANDREWS, Chief Referee.

Plaintiff brings this action for a declaratory judgment and construction of the will of Ernest T. Kindt.

Three of the defendants have filed counterclaims against plaintiff, to which plaintiff has filed identical answers.

Plaintiff's first defense is that each counterclaim fails to state a claim against plaintiff upon which relief can be granted.

His second defense is that...

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