Legal Opinion
Toledo Trust Co. v. Santa Barbara Foundation
Ohio Supreme Court
Decided August 26, 1987No. 86-1064PublishedCited by 4 opinions
1Opinion of the CourtSweeney, J.
The crucial question presented by this appeal is the effect, if any, that the order of the California superior court has on the instant proceeding. It is axiomatic that, in interpreting the terms of a will, the intention of the testator is paramount. Sherman v. Sherman (1966), 5 Ohio St. 2d 27, 34 O.O. 2d 48, 213 N.E. 2d 360; Johnson v. Johnson (1894), 51 Ohio St. 446, 38 N.E. 61; Townsend’s Exrs. v. Townsend (1874), 25 Ohio St. 477. This rule is equally applicable in determining whether a testamentary power of appointment has been exercised. Bishop v. Remple (1860), 11 Ohio St. 277, 282;…
2Cases cited10 opinions
- Hanson v. DencklaSupreme Court of the United States · 1958
- Arthur v. Odd Fellows Beneficial Ass'nOhio Supreme Court · 1876
- John F. White, Administrator D.B.N., C.T.A., of the Estate of Theodore N. Townsend, Deceased v. United StatesCourt of Appeals for the Seventh Circuit · 1982
- O'Hara v. Grand Lodge of Independent Order of Good TemplarsCalifornia Supreme Court · 1931
- Estate of FaulknerCalifornia Court of Appeal · 1954
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Booth Real Estate & Insurance Agency v. Sprague Heating & ElectricOhio Court of Appeals · 1991
- Cmk, Ltd v. Board of County Commissioners, Unpublished Decision (8-20-2003)Ohio Court of Appeals · 2003
- Collins v. Hearty Invest. TrustOhio Court of Appeals · 2017
- Fifth Third Bank v. Crosley, Court of Common Pleas of Ohio, Hamilton County1996