Reports of Cases Argued and Determined in the Circuit Court of Ohio Volume 22 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 edition. Excerpt: ...estate lying in the state of Michigan, is, by force and virtue of that will. vested in him as trustee, and that this results independently of the action of the court in proceeding to issue to him letters testamentary in pursuance of his nomination in the will. The court, after what I have just read, proceeds further to order that he shall render an account as executor and trustee of his conduct of the affairs of the estate; that he shall turn over all books, papers and property, to Cla_v Crawford, who is the other executor and trustee, and that he shall also execute and deliver to Clay Crawford. as such executor and trustee, a deed or deeds of these lands in the state of Michigan (and I believe, some lands elsewhere or some mining interests), conveying this property to Clay Crawford as executor; and with respect to this part of the order, it is urged that if the court had the power to remove said Stafford as truetee, it had no power or authority to require him to divest him Stafford, Exr. v. Am. Missionary Association, etc. self of the title to property which he derived through the will, and to convey it to Clay Crawford. On the other hand, it is contended by the defendants in error that under the statute the probate court is given such exclusive and final jurisdiction in the matter of removing executors and trustees, as amounts to full discretionary authority and power in the premises, and that this is not subject to review in any other court, and that since the probate court has found, as set forth in the journal entry, that the trustee has been guilty of gross neglect of duty in the administration of said estate and that he has not administered the same to the best'interests of said estate, and that by reason thereof, as well as by his...