Legal Opinion · Dissent

Harris v. Harris

Ohio Supreme Court

Decided February 28, 1947No. 30709Published

1DissentZimmerman, J.

In the instant case the trust was created more than three years before the settlor died. Title to the trust property, consisting of personalty, was transferred to the trustee, and the reserved rights of revocation and modification of the terms of the trust agreement were never exercised by the settlor. The indicia of a valid trust are apparent.

The writer is of the opinion that pronouncements by the majority of the court in the present case and in the case of Bolles v. Toledo Trust Co., Exr., 144 Ohio St., 195, 58 N. E. (2d), 381, 157 A. L. R., 1164, represent a departure from the principles…

2Cases cited11 opinions

  1. Kerwin v. DonaghyMassachusetts Supreme Judicial Court · 1945
  2. Lines v. Lines, Pennsylvania Court of Common Pleas, Northampton County1891
  3. Windolph v. Girard Trust Co.Supreme Court of Pennsylvania · 1914
  4. Beirne v. Continental-Equitable Title & Trust Co.Supreme Court of Pennsylvania · 1932
  5. Cleveland Trust Co. v. WhiteOhio Supreme Court · 1938

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