In Re Tax Exemption Ex Rel. Dana W. Morey Foundation

This is an appeal under the provisions of Section 5717.04, Eevised Code, from an order of the Board of Tax Appeals denying an application filed on behalf of the Dana W. Morey Foundation, hereinafter referred to as the foundation, for exemption from taxation for the tax year 1969 of 9.41 acres of land owned by it in Union County. The facts are undisputed.

The foundation was created in 1953 as an inter vivos trust for charitable purposes. The settlor is now deceased, and the Chemical Bank New York Trust Company is the successor and existing trustee. The trust agreement provides that after the…