Legal Opinion · Dissent

Rice v. Stanley

Ohio Supreme Court

Decided May 7, 1975No. 73-1011Published

1DissentPaul W. Brown, J.

In my view, the language of the wills involved herein is totally defective. It requires the trustee to hold the estate until the building of a special hospital by someone in such a way as to satisfy the criteria contained in the wills. Distribution to charity is conditioned upon this event. The wills do not provide for any other distribution.

*227No perpetuities cases, such as this one, involving gifts for charitable purposes that are conditioned upon the occurrence of events that might occur, if at all, at a time beyond the period of the rule against perpetuities, can be found in Ohio. But a fact…

2Cases cited13 opinions

  1. Ould v. Washington Hospital for FoundlingsSupreme Court of the United States · 1877
  2. Trustees of New Castle Common v. MegginsonSupreme Court of Delaware · 1910
  3. Craft, Exrx. v. ShroyerOhio Court of Appeals · 1947
  4. Jocelyn v. NottSupreme Court of Connecticut · 1876
  5. Brooks v. City of BelfastSupreme Judicial Court of Maine · 1897

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