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CENTRAL TRUST CO. OF NORTHERN OHIO, N.A. v. SMITH

No. 88-1410.

50 Ohio St. 3d 133 (1990)

CENTRAL TRUST COMPANY OF NORTHERN OHIO, N.A., APPELLEE, v. SMITH, APPELLANT; SMITH ET AL., APPELLEES.

Supreme Court of Ohio.

Decided April 18, 1990.

Attorney(s) appearing for the Case

Wickens, Herzer & Panza, Richard D. Panza, Thomas Pillari, Brian J. Jereb and Charles J. Pawlukiewicz, for appellee Central Trust Co.

Millet & Sprague, Madelon Sprague and Paul L. Millet, for appellant.

Flynn, Py & Kruse Co., L.P.A., and John E. Rosino, for appellees Mary Jo Smith et al.

HOLMES, J.

This cause arose from a declaratory judgment action filed by the trustee of a trust established by the will of Loretta A. Smith, seeking a construction of the terms of the trust. The appeal presents two questions: first, whether Bryan Smith's status as an adopted son of Ralph J. Smith, Jr. excluded him from the class of "the children of Ralph J. Smith, Jr., whether now living or born hereafter"; and second, whether, reasonably construing the terms of this...

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