First National Bank v. Unknown Heirs of Donnelly

This was an action for a declaratory-judgment, brought in the Probate Court of Summit County by the First National Bank of Akron, in its capacity as successor trustee under the last will and testament of James Henry Donnelly, Jr.,’ deceased. The court’s direction was sought in respect to undistributed funds held by the bank under the will.

Donnelly died testate on August 1, 1924. He made testamentary provision for certain individuals. He likewise provided for the disposition of the corpus of the trust, in the event that none of the named individuals should survive until the date of final…