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Thomas v. Harrison

24 Ohio. Op. 2d 148, 191 N.E.2d 862 (1962)

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Thomas v. Harrison

Ohio Probate Court
24 Ohio. Op. 2d 148, 191 N.E.2d 862 (1962)

  • Written by Rose VanHofwegen, JD

Facts

Clara Harrison’s will directed half of her residuary estate into a discretionary trust for her son, Jean Harrison (defendant), his wife, and his issue. Jean and his wife already had three children and had four more after Clara died. The will gave the trustees absolute discretion to expend trust income and principal to support or educate the beneficiaries and specified that the trust would continue as long as any beneficiary born within 20 years after Clara’s death remained alive. Thomas (plaintiff) petitioned the probate court to determine whether the trust provisions violated the rule against perpetuities.

Rule of Law

Issue

Holding and Reasoning (Merrick, J.)

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Casebooks

Wills, Trusts, and Estates

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