BancOhio National Bank v. Andrew J. Haas Irrevocable Trust

Appellant, Andrew J. Haas Irrevocable Trust (“Haas Trust”), challenges an order of the Summit County Court of Common Pleas, Probate Division, making rental proceeds part of the estate of Jesse F. Tucker rather than using them to satisfy a second mortgage held by appellant. We reverse and remand.

Facts

On May 26, 1981, Tucker and S.A.E. Management, Inc. (“S.A.E.”) executed and delivered a $75,000 promissory note to Huntington National Bank (“Huntington”). As security, Tucker and S.A.E. mortgaged property known as 1714 Portage Trail in Cuyahoga Falls, Ohio to Huntington. On that same day, the…