In Re Trust of Gallagher

This appeal on questions of law and fact arises from an application addressed originally to the Mahoning County Probate Court. The applicant states that he was an income beneficiary of a testamentary trust. The trust was established by Item 4 of the will of John Gallagher which was admitted to probate in Mahoning County in 1924. Prior to dune 1952 applicant, Angus Gallagher, was receiving one-sixth of the trust income and his half brother, John P. Gallagher, was receiving one-sixth of said trust income. The death of John P. Gallagher without issue occurred at that time.

The trustees thereupon…