Ohio Citizens Bank v. Mills

In 1944, Charles Breyman (Breyman) created an inter vivos trust to distribute his estate to his “living grandchildren and to the living children of each deceased grandchild” upon the death of his daughter, Marie Breyman Mills (Marie). Prior to her death, Marie executed a provision in the trust permitting her to delay any distribution until the death of her son, Breyman’s grandson, Robert E. Mills (Robert). In 1945, Breyman died. In 1957, Robert married Esther Mills (Esther). In 1962, Robert adopted Esther’s children from previous marriages, Roxanne Pugh and Judith Muth (defendants). After Esther died, Robert remarried and had a child named Robert David Mills (Robert David) (plaintiff) with his new wife. In 1977, the legislature passed a law abrogating the stranger-to-the-adoption doctrine. In 1985, Robert died, and the trustee (plaintiff) filed an action to construe the proper beneficiaries under the trust. The trial court applied the adoption statute in effect at the time Breyman created the trust, which adhered to the stranger-to-the-adoption doctrine, and found that Breyman did not intend to include adopted children as beneficiaries. Pugh and Muth appealed, and the appellate court reversed. The appellate court applied the adoption statute in effect at the time of appeal, which did not adhere to the stranger-to-the-adoption doctrine, and found that Breyman intended to include adopted children as beneficiaries. Robert David appealed.