Fifth Third Union Trust Co. v. Athenaeum

OPINION

By DAVIES, J.:

The Fifth Third Union Trust Company, as Trustee under Item IV of the Last Will and Testament of Richard K. LeBlond, deceased in a petition.for instructions, has asked for “judgment and direction of the Court as to which” of two defendants, The Athenaeum of Ohio, or the Institutum Divi Thomae, is entitled to an undivided one-fifth interest in the real estate referred to in said Item IV.

After making certain specific bequests, the testator, in Item IV of his will, gave the residue of his estate to the Fifth Third Union Trust, Company of Cincinnati, Ohio, with a direction…