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CLEVELAND TRUST CO. v. ANDRUS

No. 1278.

95 Ohio App. 503 (1953)

THE CLEVELAND TRUST CO., TRUSTEE, APPELLEE, v. ANDRUS ET AL., APPELLEES; PIERCE, APPELLANT.

Court of Appeals of Ohio, Lorain County.

Decided March 25, 1953.

Attorney(s) appearing for the Case

Messrs. Fauver & Fauver, for appellee The Cleveland Trust Company, Trustee.

Messrs. Snoble & Snoble and Messrs. Wilcox & Wilcox, for appellees Irma P. Andrus and Frank Pierce.

Mr. Joseph W. Lowdermilk, for appellees Lois Unger Cox and Robert E. Unger.

Mr. C. E. VanDeusen and Messrs. Glitsch & Stack, for appellant.

DOYLE, P. J.

This action was begun in the Court of Common Pleas of Lorain County to have construed, or interpreted, item "Ninth" of the last will and testament of Fred W. Pierce, deceased. The case was submitted to us by all of counsel as an appeal on questions of law and fact. We therefore entertain the questions de novo.

The item in question is in the following words and phrases:

"Upon the death...

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