Legal Opinion

Spang v. Cleveland Trust Co.

Cuyahoga County Common Pleas Court

Decided April 19, 1956No. 679783PublishedCited by 4 opinions

1Opinion of the Court

OPINION

By FULTON, J:

In this will contest case some of the defendants have moved for dismissal on the ground that this Court lacks jurisdiction. It is urged that jurisdiction is wanting for lack of necessary parties. The claimed necessary party is the Attorney General.

The claim for his need as a party is based on §109.25 R. C., which, inter alia, provides:

“The attorney general shall be a necessary party to and shall be served with process or with summons by registered mail in all proceedings, the object of which is:
“(1) To terminate a charitable trust or to distribute its assets to other than…

2Cases cited1 opinion

  1. Adams v. GurlliesOhio Court of Appeals · 1949

3Cited by4 opinions

  1. Commonwealth Ex Rel. Ferguson v. GardnerCourt of Appeals of Kentucky (pre-1976) · 1959
  2. Commonwealth Ex Rel. Ferguson v. GardnerCourt of Appeals of Kentucky (pre-1976) · 1959
  3. Harrah v. Meigs County Memorial HospitalMeigs County Court of Common Pleas · 1957
  4. Wilson v. DallasSupreme Court of South Carolina · 2011

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