Rammelsberg v. Mitchell
Ohio Supreme Court
Error to the Superior Court of Cincinnati. The original action was brought in the Superior Court of- Cincinnati by plaintiffs in error, who are the heirs and devisees of Frederick Rammelsberg, deceased, against the defendants in error, who are the executors and trustees under the will of Frederick Rammelsberg, deceased.
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Error to the Superior Court of Cincinnati. The original action was brought in the Superior Court of- Cincinnati by plaintiffs in error, who are the heirs and devisees of Frederick Rammelsberg, deceased, against the defendants in error, who are the executors and trustees under the will of Frederick Rammelsberg, deceased. The original, petition chai-ged the defendants with divers acts of maladministration, and prayed that certain judgments and conveyances, hereafter described, might be set aside; that the trusts might be executed, an account taken, and for other relief. All the heirs, except…
1Opinion of the CourtMcIlvaine, J.
After a careful examination of all the testimony in this case, we are satisfied that there has been no actual or intentional fraud or bad faith on the part of the defendants or either of them, in the management of the trusts reposed in them by the last will and testament of Frederick Rammelsberg, or on the part of Robert Mitchell as surviving partner of the firm of Mitchell & Rammelsberg. But, however just this conclusion may be, it does not follow that their administration of these trusts must, in every particular, be approved. The administration of a trust may be vicious, notwithstanding it…
2Cited by28 opinions
- In re the Judicial Settlement of the Account of SilkmanAppellate Division of the Supreme Court of the State of New York · 1907
- Didlake v. Roden Grocery Co.Supreme Court of Alabama · 1909
- Tennant v. DunlopSupreme Court of Virginia · 1899
- Dunlap v. ByersMichigan Supreme Court · 1896
- Spayd v. TurnerOhio Supreme Court · 1985
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