Purcell v. Cleveland Trust Co.

The objection to the jurisdiction of this Court in this case is dismissed on authority of In re Morrison Estate, 159 Ohio St., 285.

The question posed in this case has troubled courts and judges since 1921 when the Ohio legislature authorized and gave recognition to the inter vivos trust. Prior to that date, there was no authority for its existence or validity. As a matter of fact for a century before, a trust for the use of the settlor making the same was void and of no effect. Then came the 1921 amendment under the then title of Section 8617, General Code.

For forty years this statute, later…