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CENTRAL NATL. BANK v. MORRIS

No. 28429.

10 Ohio App. 2d 225 (1967)

CENTRAL NATIONAL BANK OF CLEVELAND, EXR., APPELLEE, v. MORRIS ET AL., APPELLEES; ROESCH, GDN., APPELLANT.

Court of Appeals of Ohio, Cuyahoga County.

Decided June 15, 1967.

Attorney(s) appearing for the Case

Messrs. Jones, Day, Cockley & Reavis, Mr. Arthur L. Dougan and Mr. Oliver C. Henkel, Jr., for plaintiff-appellee.

Messrs. Arter, Hadden, Wyckoff & Van Duzer, Mr. James R. Stewart and Mr. William S. Burton, for defendant-appellees Josephine L. Morris and others.

Mr. William B. Saxbe, attorney general, and Miss Janice Wolfe, for defendant-appellee the state of Ohio.

Messrs. Rosenthal, Roesch, Buckman & McLandrich, for appellant.

WASSERMAN, J.

This is an appeal from a judgment of the Probate Court of Cuyahoga County. That court found that Section 2107.06, Revised Code, which relates to testamentary bequests to charity, has no application if the decedent's heirs at law would not be benefited, even if the charitable bequests were declared invalid by reason of a gift over to beneficiaries who are not within the protection of the statute.

James F. Lincoln executed his last will and testament...

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