Order Michigan Supreme Court Lansing, Michigan

December 27, 2005 Clifford W. Taylor, Chief Justice

Michael F. Cavanagh 128973 Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. In re FRANCES WILLIAMS MESSER Stephen J. Markman, TRUST, DATED JANUARY 10, 1939. Justices _________________________________________/ FIFTH THIRD BANK, formerly known as,

OLD KENT BANK & TRUST, Trustee,

Petitioner-Appellee,

v SC: 128973 COA: 249456 Kent Probate Ct: 92-153441-TV REMAINDER BENEFICIARIES,

Respondents-Appellants.

_________________________________________/

On order of the Court, the application for leave to appeal the March 22, 2005 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. December 27, 2005 _________________________________________ d1219 Clerk