Killingsworth v. First National Bank

Nichols, Chief Justice.

The First National Bank of Columbus, as executor of the will of Owen G. Roberts, Jr., filed a petition for construction of the will. The trial court entered its judgment construing the will. Killingsworth and D’Amato appeal from such judgment. The bank appeals from an order amending its original order after the notice of appeal was filed in Case Nos. 30991 and 30992. The bank contends the court lacked jurisdiction to amend its previous order.

In Items VI and VII of his will the testator directed the executor to maintain and rent certain property for a ten-year period and…