In Re Trust of Lowry

Shaw, Presiding Judge.

{¶ 1} Appellant, the State of Ohio ex rel. Marc Dann, Attorney General of Ohio (“the state”) appeals the July 27, 2007 judgment of the probate court of Henry County, Ohio, partially terminating the trust of Earl Lowry (“the trust”).

{¶ 2} This matter began with a trust created by Earl Lowry, upon his death, in his last will and testament. The trust was created expressly for the purpose of beautification and upkeep of three cemeteries located in Damascus Township, Henry County. Prior to this action, the trust has been in force for over 35 years.

{¶ 3} On February 8, 2007,…