Koeninger v. Toledo Trust Co.

OPINION

By OVERMYER, J.

In the Court of Common Pleas a de murrer was filed to the petition by the trustees and the widow of donor, on the ground that the petition showed no present necessity for the construction of the will by the court; that the plaintiff has no present interest in any property which the trustee or executor may have in its hands, in as much as the trust agreement, incorporated in the will, made the donor’s widow the sole beneficiary during her lifetime, and as she is still living, there is no present or impending controversy requiring the decision of the court, and that no…