Stark v. McEwen

This action comes into this court on appeal from the court of common pleas of Hamilton county.

The plaintiff, as executor and trustee of Mary A. Britt, deceased, asks for construction of the will and direction of the court as to carrying out certain provisions therein. The devisees, legatees, and other persons, who are claiming under certain mortgages, executed by some of the beneficiaries, are defendants.

The will, without the attestation clause, is as follows :

“I, Mary Ann Britt, being of sound mind, do make and publish this my last will.

“Item First. I direct my Executor and Trustee…