Daloia v. Franciscan Health System of Central Ohio, Inc.

The primary question presented for our consideration is whether the funds bequeathed to Saint Anthony in the trust instruments should, given the change in circumstances, be distributed to Saint Elizabeth in Dayton, Ohio. The trial court and court of appeals concluded that the sale of Saint Anthony made it impossible to comply with the express terms of the trusts and, as a result, the gifts should be awarded to Saint Elizabeth under the doctrine of deviation. The trial court and court of appeals also determined that when appellant had distributed the gifts on September 12, 1990, appellant had…