Central Trust Co. v. Bovey

The point of decision in this appeal rests upon the interpretation of the language of the 1930 trust instrument providing that at the death of each daughter a one-fourth portion of the corpus was to be paid to the “child or children * * * surviving the daughter then dying. ’ ’

Appellant contends that, in the absence of an intent to the contrary, a settlor must be presumed to have intended to include an adopted child within a class gift to the “child or children” of the life beneficiary of the trust.

R. C. 3107.13, effective August 28, 1951 (124 Ohio Laws 178, 193), provides, in part:

“* * * Por…