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Ohio (common pleas court), seeking the appointment of a trustee
for the Thomas Trust, a determination of the assets held by the
Thomas Trust, and a distribution of the trust assets to the
remaining beneficiaries thereof. The Thomas Trust had been
established in March 1948 by decedent, his brother Mr. Thomas,
and their father as donors. These three donors were also
designated as equal income beneficiaries of the Thomas Trust.
Decedent, during his lifetime, served as the trustee of the
Thomas Trust managing the assets and income thereof. The father
predeceased both his sons.
Apparently, upon decedent's death, the Thomas Trust was left
without a trustee, and there was some dispute among family
members as to the nature and value of assets that were owned by
the trust. Also disputed was whether or not the Thomas Trust was
to terminate upon the death of decedent, and, if so, whether any
of the assets thereof should be distributed to decedent's estate,
or whether all were to be distributed to Mr. Thomas. The stated
primary purpose of the suit was to have the common pleas court
resolve these issues.
3(...continued)
Thomas Trust prior to decedent's death. The parties eventually
agreed that Mr. Bigley had purchased the subject real property
and was entitled to a deed for the same. This issue constituted
only one issue in the suit, and Mr. Bigley was dismissed from the
suit upon delivery of a deed for the subject property.
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