Mathias v. Fantine

The administrator of the estate of Lawrence H. Mathias, deceased, sought judgment from the Tuscarawas County Common Pleas Court, Probate Division, declaring (1) decedent's trust instrument titled "Declaration of Trust" void ab initio because the grantor, trustee, and beneficiary are one in the same person, (2) the addenda to the "Declaration of Trust" invalid because they were executed under undue *263influence and/or duress, and praying for a writ of execution to recover property belonging to the estate now in the possession of one of the defendant-beneficiaries,Linda Sue Fantine. The court…