Devenney v. Devenney
Ohio Supreme Court
Error to the Circuit Court of Licking county. Warner C. Devenney (defendant in error) commenced an action against Samuel S. Devenney (plaintiff in error) by the filing of a petition in'the court of common pleas of Licking, a copy of which follows: Plaintiff says that he is one of the legatees under the will of John P. Devenney, deceased, and that the defendant, Samuel Devenney, is the executor of said last will and testament, and the trustee provided for by section fourth of…
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Error to the Circuit Court of Licking county. Warner C. Devenney (defendant in error) commenced an action against Samuel S. Devenney (plaintiff in error) by the filing of a petition in'the court of common pleas of Licking, a copy of which follows: Plaintiff says that he is one of the legatees under the will of John P. Devenney, deceased, and that the defendant, Samuel Devenney, is the executor of said last will and testament, and the trustee provided for by section fourth of said will. Plaintiff says that he requested more than thirty days ago said Samuel S. Devenney in writing to begin this…
1Opinion of the CourtSpeak, J.
The question is, does the petition state a case entitling the legatee to any relief? The action was brought by Warner C. Devenney, legatee,, under favor of section 6202, Revised Statutes, which authorizes an action of this character to be instituted by a legatee where the executor refuses to bring it, and the person so bringing such action may ask the direction of the court in the matter respecting the trust in the same manner and as fully as was formerly entertained in courts of chancery. As the *100petition, seeks a construction of an item of a will, and as the relief asked is to be such as…
2Cases cited5 opinions
- McLouth v. . HuntNew York Court of Appeals · 1897
- Gray v. DarlingtonSupreme Court of the United States · 1872
- Matter of Final Accounting of GerryNew York Court of Appeals · 1886
- Giddings v. . SewardNew York Court of Appeals · 1857
- In re the Final Judicial Settlement of the Accounts of the New York Life Insurance & Trust Co.New York Surrogate's Court · 1898