THIRD NATIONAL BANK & TRUST CO. v. EATON

No. 3878.

33 Ohio App. 2d 264 (1972)

THIRD NATIONAL BANK & TRUST CO., TRUSTEE, APPELLEE, v. EATON ET AL.; BOGUE ET AL., APPELLANTS.

Court of Appeals of Ohio, Montgomery County.

Decided July 5, 1972.


Attorney(s) appearing for the Case

Messrs. Turner, Wells, Granzow & Spayd, for appellee.

Messrs. Smith & Schnacke, Mr. Walter A. Porter, Messers. Rippner, Schwartz, Carlin & Weiss, for appellants.


KERNS, J.

This appeal challenges the construction placed upon the will of John Henry Vaile by the probate division of the Court of Common Pleas of Montgomery County. Mr. Vaile died on May 8, 1925, with no immediate family. His wife and parents had predeceased him and he had no children.

After making a number of general and specific bequests, the testator, in Item II of his will, gave all the rest and residue of his estate to a named trustee with directions...

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