IN RE BUNTING

Supreme Court — Dismissal — No debatable constitutional question involved — Living trust executed and trust company named trustee — Settlor executed will naming same company executor — Legacy of residuum to trustee to administer under living trust — Incorporation by reference — Legacy renounced by trustee on ground no residuum — Motion by testator's widow and three children — To compel executor to deposit trust agreement with will — Section 10504-4, General Code — Trustee not a party — Order requiring deposit by executor, final, when — Section 12223-2, General Code — Due process — Fourth child affected by order — Right to appeal.

It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.

Appeal dismissed.

WEYGANDT, C.J., ZIMMERMAN, BELL, WILLIAMS, TURNER, MATTHIAS and HART, JJ., concur.