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CLINTON COUNTY NATIONAL BANK & TRUST CO. v. FIRST NATIONAL BANK OF CINCINNATI

No. 79-727.

62 Ohio St. 2d 90 (1980)

CLINTON COUNTY NATIONAL BANK & TRUST CO., APPELLEE, v. FIRST NATIONAL BANK OF CINCINNATI ET AL.; STOPP, APPELLANT.

Supreme Court of Ohio.

Decided April 23, 1980.

Attorney(s) appearing for the Case

Messrs. Buckley & Miller and Mr. Frederick J. Buckley, for appellee.

Messrs. Walker & Chatfield, Mr. Henry H. Chatfield, Mr. Timothy L. Bouscaren and Mr. John L. Campbell, for appellant, Ralph G. Stopp.

LOCHER, J.

The sole issue germane to this appeal is whether a general residuary clause, such as in Mrs. Stopp's will, can exercise a limited testamentary power of appointment absent a specific reference to such power.

Paragraph one of the syllabus in Carr v. Stradley (1977), 52 Ohio St.2d 220, reads as follows:

"In the construction of a will, the sole purpose of the court should be to ascertain...

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