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CENTRAL TRUST CO., INC. v. GUTHRIE

No. 8916.

114 Ohio App. 337 (1961)

THE CENTRAL TRUST CO., INC., TRUSTEE, APPELLEE, v. GUTHRIE, APPELLANT; MOORE ET AL., APPELLEES.

Court of Appeals of Ohio, Hamilton County.

Decided May 22, 1961.

Attorney(s) appearing for the Case

Mr. William J. Rielly, for plaintiff-appellee.

Messrs. Taft, Stettinius & Hollister, Mr. David G. Gamble and Mr. Charles S. Mechem, Jr., for appellant.

Messrs. Frost & Jacobs, Mr. R. O. Klausmeyer and Mr. Earl R. Huffman, for defendant-appellees.

LONG, P. J.

This is an appeal on questions of law from a judgment of the Probate Court of Hamilton County, Ohio.

The case involves the interpretation of the will of Mary T. Hart, who died in 1924. Her will established a trust in a portion of her estate. The provision of the will in question is as follows:

"In case either my said nephew (M. Hart Benton) or niece (Ethel Benton Guthrie) should die without...

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