City of Springfield v. Patterson

This is an action for declaratory judgment.

The plaintiff is the city of Springfield, as trustee under the last will and testament of Anna Roth, deceased, which was admitted to probate in the Probate Court of Clark County, Ohio, on June 1, 1950.

The provision of the will which established the trust fund and which gives rise to the present action is set forth and described in the petition as Item IV of said will, and is as follows:

“Item IV. All the remainder of my property, which I may own or to which I may be legally or equitably entitled, or over which I may have any power of appointment, I…