NATIONAL CITY BANK OF CLEVELAND v. FORD

No. 869026.

36 Ohio Misc. 60 (1973)

NATIONAL CITY BANK OF CLEVELAND, SUCCESSOR TRUSTEE, v. FORD ET AL.

Court of Common Pleas of Cuyahoga County.

Decided January 4, 1973.


Attorney(s) appearing for the Case

Messrs. Jones, Day Cockley & Reavis and Mr. Arthur L. Dougan, for plaintiff.

Messrs. Arter & Hadden, Mr. Thomas V. Koykka, Mr. Robert B. Preston, Messrs. Burch, Cracchiolo, Levie, Guyer & Weyl and Mr. Paul D. Levie, for defendants Ferne Beverly Jones Ford, Horatio Clark Ford II, Horatio Clark Ford III, and Ferne Catharine Ford Brown Gohr.

Mr. Hugh A. Ross and Mr. Proctor Patterson Jones, for defendants Proctor Patterson Jones and Martha Jones.

Mr. William F. Donahey, for defendants William F. Donahey, guardian ad litem of Catherine Brown, Christopher Scott Brown, William M. Dennis Brown, minors, and William F. Donahey, trustee for the unborn heirs of Ferne Beverly Jones Ford.

Mr. Spencer Neth, for defendants Spencer Neth, guardian ad litem of Proctor Patterson Jones, Jr., Jessica Haig Jones, Katherine Windisch, minors, and Spencer Neth, trustee for the unborn heirs of Proctor Patterson Jones.

Messrs. Baker, Hostetler & Patterson, Mr. H. Stephen Madsen and Mr. Francis J. Amer, for defendants Melinda J. Windisch, Greta Jones Jones, John Beverly Jones II, and Martha Ferne Jones.


FINK, J.

On February 15, 1929, Proctor Patterson (hereinafter referred to as Settlor) created an irrevocable inter vivos trust, the interpretation of which is the subject of this action. Into this trust the Settlor placed certain realty (the family home on Edgewater Drive) and about $130,000 in securities. The trust value at present exclusive of realty is in excess of $4,000,000.

The Settlor had one daughter, Ferne Catharine Patterson Jones (hereinafter...

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