Gillam v. Gillam

I respectfully dissent.

As explained in detail below, R. C. 5303.21 was never intended to apply generally to all estates in trust; it has a narrow and specific purpose, and the broad, unlimited interpretation given the section by my brothers will play havoc with the law of trusts.

Our earlier decision in State, ex rel. Ehmann, v. Schneider (1946), 78 Ohio App. 27, did not consider the point at issue herein because it was not raised in that case. The question there was whether the Probate Court had jurisdiction over a testamentary trust to the exclusion of the Court of Common Pleas. I find it…