National City Bank of Cleveland v. Mitchell

This appeal by the defendants arises out of an action for declaratory judgment brought by the National City Bank of Cleveland, as trustee of the estate of Charles Godman, in the Court of Common Pleas of Cuy-ahoga County. The bank sought a declaration of rights as to who was legally entitled to the proceeds of one portion of that estate, namely, the portion designated for the “lawful issue” of John Godman, son of the settlor. The trial court decided that John Godman’s sons by adoption should not be considered as such “lawful issue.”

The point of decision in this case rests upon the…