In re the Estate of Breitenbach

Calyek, S.

Henry Breitenbach died on October 29, 1954, leaving a will which named Anna Bannon as executrix and the Columbus Trust Company as trustee of a trust, the corpus of which was the testator’s entire residuary estate. The will was duly offered for probate, but prior to the return date of the citation in the .probate proceeding, the named executrix, who was also the income beneficiary of the trust, died. The will was thereafter duly admitted to probate and letters of testamentary trusteeship were issued to the Columbus Trust Company.

There are now before the court two petitions for…