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MARTIN v. NORTH HILL CHRISTIAN CHURCH

No. 9006.

64 Ohio App. 2d 192 (1979)

MARTIN, EXRX., APPELLEE, v. NORTH HILL CHRISTIAN CHURCH; HAMMEL-ACTUAL COLLEGE, INC., ET AL., APPELLANTS.

Court of Appeals of Ohio, Summit County.

Decided January 24, 1979.

Attorney(s) appearing for the Case

Mr. Robert B. Romweber, for appellee.

Mr. A. P. Feldman, for co-guardians of Robert Neale McBee, Jr., David Lee McBee and Christopher Lee McBee.

Mr. John W. Johnson, for appellant Hammel-Actual College, Inc.

Mr. Robert L. Culbertson, for appellant Sula Neale McBee.

VICTOR, J.

This action for a declaratory judgment by plaintiff-appellee, Pernie Martin, executrix of the estate of Charles A. Neale, seeks a construction of Item XIII of the decedent's will. Item XIII reads as follows:

"Any and all monies remaining in my estate account after the foregoing willed items are satisfied, shall be distributed as follows: One-half set up as a student loan fund, to be administered...

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