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ROELOFS v. APPLE

No. 2305.

49 Ohio App. 2d 155 (1975)

ROELOFS, APPELLEE, v. APPLE, ADMR., ET AL., APPELLEES; MAKLEBUST ET AL., APPELLANTS.

Court of Appeals of Ohio, Lorain County.

Decided September 17, 1975.

Attorney(s) appearing for the Case

Mr. Samuel T. Gaines, for appellee.

Mr. John M. Portner, for Louise M. Pasternak.

Mr. John R. Gallagher, for Eric Maklebust Jr.

Mr. Jacob J. Apple, for estate of Eric Maklebust.

Mr. Bruce Alexander, for Lorain County Savings & Trust Building.

Mr. John Buchman and Mr. Vernon M. Fitch, for appellants.

MAHONEY, J.

This is an appeal from a judgment of the Probate Court of Lorain County, holding that voting trust certificates are not the same as corporate stocks and could not constitute the trust res of a decedent's testamentary trust. We disagree.

The testator, Eric Maklebust, Sr., owned 915 of the 1250 outstanding shares of stock in Mak Construction Company. In 1961, his wife who owned 30 shares, and...

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