Thomas v. Harrison

The facts which have precipitated this declaratory judgment action have been adequately set forth *180in the briefs and pleadings, so it seems unnecessary to repeat them here. The main issues with which the Probate Court is concerned are:

1. the validity of the discretionary trust under the rule against perpetuities;

2. the validity of the power of appointment, following the termination of such trust- under the rule against perpetuities; and

3. the applicability of the Ohio mortmain statute to the remainder interests to be appointed under the power of appointment.

I. VALIDITY OF THE DISCRETIONARY…