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FIFTH THIRD BANK v. SIMPSON

No. C-980703.

134 Ohio App.3d 71 (1999)

FIFTH THIRD BANK et al., Trustees, Appellants, v. SIMPSON et al., Appellees.

Court of Appeals of Ohio, First District, Hamilton County.

Decided June 25, 1999.

Attorney(s) appearing for the Case

Graydon, Head & Ritchey, Stephen L. Black and Rhonda Y. Moore, for appellants.

M. Freeman Durham, for appellee Orville Simpson II.

David W. Leahr, guardian ad litem, for appellee Lowe Simpson, Jr.

GORMAN, Judge.

Plaintiffs-appellants, Fifth Third Bank and Nelson Schwab, Jr., trustees of a trust established under the 1957 will of Lowe E. Simpson, appeal from the probate court's refusal to amend the terms of the trust. The appellees, the three sons of the settlor, in these unusual circumstances, join the trustees in requesting reversal. The principal issue is whether the probate court abused its discretion by denying...

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