13 N.E.2d 728
No. 26879Supreme Court of Ohio.
Decided February 23, 1938.
Supreme Court — Dismissals — No debatable constitutional question involved — Lessee died seized of leasehold estate, with unpaid balance on purchase price — Will of lessee authorized trustee to sell realty — Probate Court authorized trustee to complete purchase and execute mortgage for unpaid balance — Section 10509-224 et seq., General Code — Action by trustee for instructions in Common Pleas Court — Section 10504-66, General Code — Power of trustee to convey and accept second mortgage — Obligation of purchaser as to application of proceeds to trust — Deprivation of remaindermen’s property rights without due process.
APPEAL from the Court of Appeals of Hamilton county.
Mr. William J. Reilly, for appellee.
Mr. George S. Hawke, for appellants.
Mr. Chauncey D. Pichel, for The St. Leger Corporation.
It is ordered and adjudged that said appeal as of right be, and the same hereby is, dismissed for the reason no debatable constitutional question is involved in said cause.
Appeal dismissed.
WEYGANDT, C.J., MATTHIAS, DAY, ZIMMERMAN, WIL-LIAMS and MYERS, JJ., concur.
GORMAN, J., not participating.
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