Legal Opinion

Stevens v. National City Bank

Ohio Supreme Court

Decided September 13, 1989No. 88-1049PublishedCited by 30 opinions

1Opinion of the CourtHolmes, J.

We are presented in this case with the task of construing the terms of the will of John S. Crider, in a manner which is consistent with the intent of the testator. Townsend’s Executors v. Townsend (1874), 25 Ohio St. 477. Specifically, the issue before us is whether the language of Paragraph 11, Item VI of the Crider will constitutes a mandatory limitation on the trustee’s general power to sell trust assets granted in Paragraph 6, Item VI of such will. For the reasons which follow, we answer such query in the negative, and thus reverse the court of appeals.

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2Cases cited18 opinions

  1. Casey v. GallagherOhio Supreme Court · 1967
  2. Thirty-Four Corp. v. Sixty-Seven Corp.Ohio Supreme Court · 1984
  3. Albright v. AlbrightOhio Supreme Court · 1927
  4. Dillon v. City of ClevelandOhio Supreme Court · 1927
  5. Ohio Citizens Bank v. MillsOhio Supreme Court · 1989

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3Cited by30 opinions

  1. State ex rel. Mallory v. Pub. Emp. Retirement Bd.Ohio Supreme Court · 1998
  2. State ex rel. Mallory v. Public Employees Retirement BoardOhio Supreme Court · 1998
  3. Tremaine v. TremaineSupreme Court of Connecticut · 1995
  4. William J. O'neill, Jr. Irrevocable Trust, Sheldon M. Sager, Co-Trustee v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1993
  5. Clark v. BeyoglidesOhio Court of Appeals · 2021

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