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HOPKINS v. TRUST CO.

Nos. 34177 and 34191.

163 Ohio St. 539 (1955)

HOPKINS, COTRUSTEE, APPELLEE, v. THE CLEVELAND TRUST CO., TRUSTEE, ET AL., APPELLANTS. HOPKINS, COTRUSTEE, APPELLEE, v. THE CLEVELAND TRUST CO., TRUSTEE; O'NEILL, ATTY. GENL., APPELLANT.

Supreme Court of Ohio.

Decided June 15, 1955.

Attorney(s) appearing for the Case

Messrs. Jones, Day, Cockley & Reavis, Mr. Earl W. LeFever and Mr. George H. Rudolph, for appellee.

Messrs. Arter, Hadden, Wykoff & Van Duzer, Mr. C. M. Horn and Mr. Richard S. Douglas, for appellants in case No. 34177.

Mr. C. William O'Neill, attorney general, Mr. Franklin A. Kropp and Mr. Ralph Klapp, for appellant in case No. 34191.

HART, J.

The scope and extent of the discretion of the trustee and cotrustee as to the allocation of stock dividends coming into the hands of the trustee of the Griffiths trust from issuing corporations, portions of whose stock make up a part of the corpus of the trust, as between capital and income of the trust, is expressed by the provisions of paragraph 3 of article I of the trust instrument hereinbefore quoted.

The power and authority of the trustee to...

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