Purcell v. Cleveland Trust Co.

This cause is before this court on an appeal from a judgment of the Probate Court of Cuyahoga County upon a petition for a declaratory judgment.

The matter was submitted to the court below upon a stipulation of facts. Briefly, by the petition the plaintiff, appellee herein, J. Ambrose Purcell, sought to invade a revocable inter vivos trust established by his wife some two years before her death, of which the defendant-appellant The Cleveland Trust Company is trustee. He asserted that he had rejected his wife’s will and claimed the right to receive one-half of the property in his wife’s estate,…