Mathias v. Fantine
Ohio Court of Appeals
1990 WL 21446 (1990)
- Written by Sean Carroll, JD
Facts
Lawrence Mathias executed a declaration of trust purporting to transfer certain of his property to the trust. The trust directed the trustee to distribute income to the grantor, Mathias, during his lifetime. The trust appointed Mathias himself as the trustee. The trust also contained certain testamentary provisions intended to be employed upon Mathias’s death. The administrator of Mathias’s estate (plaintiff) moved for a ruling that the purported trust was invalid on the ground that Mathias was the grantor, trustee, and beneficiary. The probate court granted the administrator summary judgment, finding the trust void ab initio because the grantor, trustee, and beneficiary were all the same person. Linda Fantine (defendant), one of Mathias’s beneficiaries, appealed.
Rule of Law
Issue
Holding and Reasoning (Milligan, J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
