Heinlein v. Elyria Savings & Trust Co.

This is a suit in equity, in which this court, in an appeal for trial de novo, is petitioned for a construction of the will of William Wagner, deceased. The action is brought by three of the five first cousins of the testator, his next of kin. The remaining two, having declined to join as plaintiffs, were made defendants.

The plaintiffs pray that certain trusts sought to be created for the maintenance of a family cemetery lot and for the creation and maintenance of two parks, be declared invalid, and that a resulting trust be declared in favor of the plaintiffs and other heirs at law. The…