Kindt v. Cleveland Trust Co.

Aítdkews, CMef Referee.

Plaintiff brings this action for a declaratory judgment and construction of the will of Ernest T. Kindt.

Three of the defendants have filed counterclaims against plaintiff, to which plaintiff has filed identical answers.

Plaintiff’s first defense is that each counterclaim fails to state a claim against plaintiff upon which relief can be granted.

His second defense is that the court has no jurisdiction of the subject matter.

Plaintiff prays that the counterclaims be dismissed.

Under Rule 12(B) of the Ohio Rules of Civil Procedure (hereinafter cited as “Civil Rule(s),” as…