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CARNAHAN v. JOHNSON

Nos. CA97-09-041 and CA97-09-043.

127 Ohio App.3d 195 (1998)

CARNAHAN, Trustee, Appellant, v. JOHNSON et al., Appellants; YOUNG et al., Appellants.

Court of Appeals of Ohio, Twelfth District, Madison County.

Decided April 6, 1998.

Attorney(s) appearing for the Case

Arter & Hadden and Robert R. Dunn, for plaintiff-appellant.

Whiteside John T. Belton, for defendants-appellants.

Richard A. Dunkle, for defendants-appellants.

WILLIAM W. YOUNG, Presiding Judge.

Plaintiff-appellant, John A. Carnahan, trustee under a trust created by the will of Edward T. Leach, commenced this action on October 1, 1996 by filing a petition to sell real estate and for declaratory relief in the Madison County Probate Court. We reverse and remand the court's judgment denying the prayer of the petition.

The decedent, Edward T. Leach, died on March 10, 1984. The terms of Leach's will pertinent herein are...

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