Legal Opinion
Clinton County National Bank & Trust Co. v. First National Bank
Ohio Supreme Court
Decided April 23, 1980No. 79-727PublishedCited by 4 opinions
1Opinion of the CourtLocher, J.
The sole issue germane to this appeal is whether a general residuary clause, such as in Mrs. Stopp’s will, can exercise a limited testamentary power of appointment absent a specific reference to such power.
Paragraph one of the syllabus in Carr v. Stradley (1977), 52 Ohio St. 2d 220, reads as follows:
“In the construction of a will, the sole purpose of the court should be to ascertain and carry out the intention of the testator. Such intention must be ascertained from the words contained in the will. (Paragraphs one and two of the syllabus in Townsend’s Exrs. v. Townsend, 25 Ohio St. 477,…
2Cases cited4 opinions
- Carr v. StradleyOhio Supreme Court · 1977
- Fiduciary Trust Co. v. First National Bank of Colorado SpringsMassachusetts Supreme Judicial Court · 1962
- Kiplinger v. ArmstrongOhio Court of Appeals · 1930
- Dollar Savings & Trust Co. v. KirkhamMahoning County Court of Common Pleas · 1969
3Cited by4 opinions
- Bank of Oklahoma, N.A. v. AtwoodCourt of Civil Appeals of Oklahoma · 2001
- Brouse v. Old Phoenix National Bank of MedinaOhio Court of Appeals · 1985
- In re the Estate of BlockNew York Surrogate's Court · 1993
- Murstein v. Central National Bank of ClevelandOhio Court of Appeals · 1985