Linney v. Cleveland Trust Co.

Error proceedings are prosecuted to this court from the judgment of the common pleas court, wherein a demurrer by plaintiff to defendant’s answer was overruled, and, plaintiff not de siring to plead further, the prayer of plaintiff’s petition was denied and judgment rendered against the plaintiff.

In the plaintiff’s petition it was sought to have declared void a residuary gift to the defendant, the Cleveland Trust'Company, contained in the will of Robert N. Linney, deceased, in trust for the Cleveland Foundation, and a resulting trust declared in favor of the heirs at law and next of kin of…