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CARR v. STRADLEY

Nos. 77-6 and 77-13.

52 Ohio St. 2d 220 (1977)

CARR, EXR., v. STRADLEY, TRUSTEE, ET AL., APPELLEES; CANNING ET AL., APPELLANTS. CARR, EXR., v. STRADLEY, TRUSTEE, APPELLANT; THE COLUMBUS FOUNDATION ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 28, 1977.

Attorney(s) appearing for the Case

Messrs. George, Greek, King, McMahon & McConnaughey, Mr. Edward F. Whipps and Mr. David C. Stradley, for Stradley, Trustee, et al.

Messrs, Power, Jones & Schneider and Mr. William H. Schneider, for Canning et al.

Messrs. Porter, Wright, Morris & Arthur, Mr. Samuel H. Porter and Mr. Allan E. Roth, for The Columbus Foundation.

Mr. William J. Brown, attorney general, and Mr. Lawence D. Pratt, for appellee Attorney General in cases Nos. 77-6 and 77-13.

I.

CELEBREZZE, J.

Appellants Canning and Hurst, testator's surviving sibling beneficiaries, argue in case No. 77-6, that the language of Item IV expresses the testamentary intent for the entire income to be distributed to them, with the monthly payments of $400 each being minimum amounts only. In the alternative, they contend that there is no provision in the will relative to the disposition of the excess income, and such excess income should therefore pass...

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