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STEVENS v. NATL. CITY BANK

No. 88-1049.

45 Ohio St. 3d 276 (1989)

STEVENS ET AL., APPELLEES, v. NATIONAL CITY BANK, TRUSTEE UNDER WILL OF CRIDER, DECEASED, APPELLANT.

Supreme Court of Ohio.

Decided September 13, 1989.

Attorney(s) appearing for the Case

Rippner, Schwartz & Carlin, Angela G. Carlin and Linda Gebauer Mayer, for appellees.

Hahn Loeser & Parks, John A. Hallbauer, Craig A. Glazer and Jeffrey D. Van Niel, for appellant.

Porter, Wright, Morris & Arthur, David A. Swift and Edward M. Segelken, urging reversal for amicus curiae, Ohio Bankers Association Trust Division.

HOLMES, J.

We are presented in this case with the task of construing the terms of the will of John S. Crider, in a manner which is consistent with the intent of the testator. Townsend's Executors v. Townsend (1874), 25 Ohio St. 477. Specifically, the issue before us is whether the language of Paragraph 11, Item VI of the Crider will constitutes a mandatory limitation on the trustee's general power to sell trust assets granted in Paragraph 6, Item VI...

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