Legal Opinion
Roelofs v. Apple
Ohio Court of Appeals
Decided September 17, 1975No. 2305PublishedCited by 4 opinions
1Opinion of the CourtMahoney, J.
This is an appeal from a judgment of the Probate Court of Lorain County, holding that voting trust certificates are not the same as corporate stocks and could not constitute the trust res of a decedent’s testamentary trust. We disagree.
The testator, Eric Maklebust, Sr., owned 915 of the 1250 outstanding shares of stock in Mak Construction Company. In 1961, his wife who owned 30 shares, and Alexander Apple, his attorney and owner of four shares, joined Eric, Sr., in the execution of a voting trust agreement. Eric, Sr., was named voting trustee with his successors to be Alexander and Jacob…
2Cases cited4 opinions
- Casey v. GallagherOhio Supreme Court · 1967
- Moskowitz v. FedermanOhio Court of Appeals · 1943
- A. & N. Furniture & Appliance Company v. United StatesDistrict Court, S.D. Ohio · 1967
- Ohio Natl. Life Ins. Co. v. StrubleOhio Court of Appeals · 1948
3Cited by4 opinions
- In re Guardianship of LombardoOhio Supreme Court · 1999
- American Diabetes Ass'n v. Diabetes SocietyOhio Court of Appeals · 1986
- In re Guardianship of LombardoOhio Supreme Court · 1999
- Miller Plating Corporation of Ohio Local 81 Union Employees Pension Plan and James Celmete, as Trustee v. Miller Plating Corporation of Ohio and Robert Wazbinski, Jointly and Severally, Huntington National Bank of Northeast Ohio, Jointly and SeverallyCourt of Appeals for the Sixth Circuit · 1985