Magoon v. Cleveland Trust Co.

This is an action for a declaratory judgment, brought originally in the Common Pleas Court of Cuyahoga County, and subsequently appealed from a judgment there rendered to this court for trial ele novo.

The pleadings seek a determination of the rights of the various parties (1) under the last will and testament of Howard R. Cull, deceased, and (2) under the provisions of an inter vivos trust which the said Howard R. Cull created as settlor with The Cleveland Trust Company, as trustee, for the benefit of himself and others, as subsequently modified in writing.

The indenture of trust provided for…