Sherman v. Sherman

The question presented to this court for decision is whether the trustees of the Sherman trusts have discretion under item IY(m) of the will of John Q. Sherman to allocate stock dividends and capital gains to income.

The answer to this question depends upon the intent of the testator in creating the power granted the trustees under item IY(m) of the will.

The fundamental rule of .construction of a will is that the intent of the testator must govern unless to give effect to that intent would create an estate forbidden by law. Carter v. Reddish (1877), 32 Ohio St. 1; Linton v. Laycock (1877), 33…