Gwinner, Exr. v. Schoeny

This is an appeal from a part of the judgment of the Probate Court of Hamilton County, wherein that court construed item 9 of the will of John F. Schoeny, deceased.

Letters testamentary were issued to Robert W. G-winner as executor and The Central Trust Company was appointed trustee under the terms of the will.

After making specific bequests, the testator in item 9 of his will created a testamentary trust, the interpretation of which by the court below constitutes the ground for this appeal. The trial court held that item 9 was violative of Section 2131.08 of the Revised Code of Ohio, and was,…