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BANK ONE TRUST CO., N.A. v. REYNOLDS

C.A. Case No. 22465.

2008 Ohio 5512

Bank One Trust Company, N.A., Plaintiff-Appellee, v. Rae Francis Reynolds, et al., Defendants-Appellants.

Court of Appeals of Ohio, Second District, Montgomery County.

October 24, 2008.

Attorney(s) appearing for the Case

Karl A. Bekeny, 1150 Huntington Building, 925 Euclid Avenue, Cleveland, Oh 44115-1475, Attorney for Rae Francis Reynolds.

William A. Rogers, Jr. and Michelle S. Vollmar, 2160 Kettering. Tower, Dayton, Oh 45423, Attorneys for Bank One Trust Company, NA.

Christopher J. Cornyn, 10 Fairway Drive, Springboro, Oh 45066, Attorney for Rodney G. Reynolds, Jr.

Paul G. Hallinan and C. Terry Johnson, One South Main Street, Suite 1600, Dayton, Oh 45402-2028; Robin D. Ryan, 7759 University Dr., Suite H, West Chester, Oh 45069, Attorneys for Timothy R.O. Kilmartin.

OPINION

GRADY, J.

{¶ 1} In a prior appeal, Bank One Trust Co., N.A. v. Reynolds, 173 Ohio App.3d 1, 2007-Ohio-4197, we reversed the judgment from which the appeal was taken and remanded the case to the probate court to "determine whether Timothy Kilmartin is a lineal descendant of Frances R. Gallaher, and if the court so finds, to so declare." Id., ¶49.

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