BARSTOW v. UNION TRUST CO

Supreme Court — Dismissals — No debatable constitutional question involved — Living trust — Action for conversion — Refusal of trustee to relinquish stock upon demand — Affirmative defenses of waiver and estoppel established by settlor's testimony — Directed verdict for trustee-defendant which also pleaded general denial — Not denial of due process or right to trial by jury.

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 and MYERS, JJ., concur.

WILLIAMS and GORMAN, JJ., not participating.