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In re Searight’s Estate

Ohio Court of Appeals for the Ninth District
95 N.E.2d 779 (1950)


Facts

In his will, George P. Seawright bequeathed his dog, Trixie, to Florence Hand and directed the executor of his estate to deposit $1,000 in an account from which he was to pay Hand seventy-five cents per day for Trixie’s care “as long as it shall live.” If Trixie died before the $1,000 was exhausted, the balance of the account was to be divided equally between Hand and four other named individuals. After Seawright died, Hand accepted the bequest of Trixie and agreed to care for the dog. The executor began to pay Hand as provided in Seawright’s will. After the probate court held that this provision of Seawright’s will to be valid, the case was appealed to the Ohio Court of Appeals to determine whether the bequest for the benefit of Trixie was valid as an honorary trust and whether this bequest violated the rule against perpetuities.

Rule of Law

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Issue

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Holding and Reasoning (Hunsicker, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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