In Re Estate of Winograd

John V. Corrigan, Presiding Judge.

This is an appeal from the Probate Court of Cuyahoga County wherein appellants/cross-appellees, Patti K. Davis and Kenneth W. Kates (“appellants”), filed an application for distribution and petition for removal of appellee/cross-appellant, Society National Bank (“SNB”), as trustee for the Belle Jacobson Winograd trust created under her last will and testament. Appellants maintained that SNB had a duty to consider them as income beneficiaries under the Winograd trust which went into effect when Wino-grad, the settlor, died on March 18, 1974.

The trust at issue…