IN RE FIRST NATIONAL BANK OF MANSFIELD

No. 73-370.

37 Ohio St. 2d 60 (1974)

IN RE FIRST NATIONAL BANK OF MANSFIELD, TRUSTEE.

Supreme Court of Ohio.

Decided February 13, 1974.


Attorney(s) appearing for the Case

Means, Bichimer, Burkholder & Baker Co., L. P. A., Mr. Johnston H. Means, and Mr. Nicholas A. Pittner, for appellant, Mary Joan Sherrard Miely.

Messrs. Calhoun & Benzin and Mr. William A. Calhoun, for appellee, First National Bank of Mansfield, Trustee.


CORRIGAN, J.

Appellant's propositions of law, as presented here, are (1) that the trustee of a testamentary trust owes to trust beneficiaries a duty to collect and preserve the assets of the trust estate, and (2) that the beneficiary of a testamentary trust is not barred from asserting a claim against the trustee to redress a breach of the trustee's duties by failure on the part of the beneficiary to assert a claim against the executor.

As noted in the opinion...

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