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HAGEMAN v. CLEVELAND TRUST COMPANY

No. 75-109.

45 Ohio St. 2d 178 (1976)

HAGEMAN, APPELLEE, v. THE CLEVELAND TRUST COMPANY, TRUSTEE, ET AL., APPELLANTS

Supreme Court of Ohio.

Decided February 25, 1976.

Attorney(s) appearing for the Case

Meyers, Stevens & Rea Co., L. P. A., Mr. Richard F. Stevens, Mr. William J. Mittendorf, Messrs. Keep & Scholz and Mr. Andrew M. Keep, for plaintiff-appellee.

Messrs. Miraldi, Lumley & Barrett, Mr. Ray L. Miraldi, Messrs. Baker, Hostetler & Patterson, Mr. Richard F. Stevens, Mr. Robert M. Brucken and Mr. James H. Rice, for defendant-appellant The Cleveland Trust Company.

Mr. William J. Brown, attorney general, Mr. Richard C. Farrin and Mr. J. John Stevenson, for defendant-appellant Attorney General.

Mr. Virgil C. Burgett, for defendant-appellant F. Marion Koppenhafer.

Mr. D. R. Goldthorpe, for defendant-appellant St. Peter's United Church of Christ.

Messrs. Ford, Howland, Whitney & Haase and Mr. Roland H. Strasshofer, Jr., for defendant-appellant Deaconess Evangelical Hospital.

Messrs. Arter & Hadden and Mr. Carlton B. Schnell, for defendants-appellees Dwight C. Hageman and Nancy H. Green.

Per Curiam.

This action concerns the 1969 trust agreement. If plaintiff's success or failure on the merits of this case could not affect his status as "virtually disinherited," then his interest would be insufficient to maintain the action (State, ex rel. Dallman, v. Court of Common Pleas [1973], 35 Ohio St.2d 176), and the trial court's dismissal of his complaint is wholly proper. Admittedly, plaintiff...

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