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BANK v. HEIRS OF DONNELLY

No. 4429.

96 Ohio App. 509 (1954)

FIRST NATIONAL BANK OF AKRON, TRUSTEE, APPELLEE, v. UNKNOWN HEIRS OF DONNELLY, JR., ET AL., APPELLEES; DUNN ET AL., APPELLANTS.

Court of Appeals of Ohio, Summit County.

Decided April 28, 1954.

Attorney(s) appearing for the Case

Messrs. Brouse, McDowell, May, Bierce & Wortman, for appellee First National Bank of Akron, trustee.

Mr. William M. Byrnes, for appellee Edward F. Hoban, Archbishop.

Messrs. Griswold, Leeper, Miller & Corry, and Messrs. Walker, Alpeter, Reed & Diefenbach, for appellant Joseph B. Dunn.

Mr. Mark F. McChesney, for appellant Della Seltzer McDermott.

DOYLE, P. J.

This was an action for a declaratory judgment, brought in the Probate Court of Summit County by the First National Bank of Akron, in its capacity as successor trustee under the last will and testament of James Henry Donnelly, Jr., deceased. The court's direction was sought in respect to undistributed funds held by the bank under the will.

Donnelly died testate on August 1, 1924. He made testamentary provision for certain individuals. He likewise...

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