Society National Bank v. Jacobson

I concur in paragraph one of the syllabus which sets forth the law enunciated in Ohio Citizens Bank v. Mills (1989), 45 Ohio St. 3d 153, 543 N.E. 2d 1206, that the provisions of an inter vivos trust shall be governed by the law existing at the time of its creation, unless terms within the instrument are expressly contra. However, with paragraph two of the syllabus, and pertinent portions of the opinion, I must strongly dissent. In such syllabus law, and opinion, the assumed to be dead and buried rule in Shelley’s case rears its head again. The majority, in order to arrive at its ill-conceived…