Bolles v. Toledo Trust Co.

The Toledo Trust Company, defendant herein, relies upon the defense of res judicata which was properly pleaded. If this court holds that this defense was made out as a matter of law under the pleadings and evidence, it is not necessary to inquire into the other assignments of error.

This defense is based upon the adjudication in the case of Bolles v. Toledo Trust Co., 132 Ohio St., 21, 4 N. E. (2d), 917.

In that case the amended exceptions to the inventory raised the question whether the personal property (identical with that now in litigation) was lawfully included as assets in the inventory…