TOLEDO TRUST v. TOLEDO HOSPITAL

No. 37428.

174 Ohio St. 124 (1962)

THE TOLEDO TRUST CO., TRUSTEE, APPELLANT, v. THE TOLEDO HOSPITAL ET AL., APPELLANTS; McELROY, ATTY. GENL., APPELLEE.

Supreme Court of Ohio.

Decided December 26, 1962.


Attorney(s) appearing for the Case

Messrs. Marshall, Melhorn, Bloch & Belt and Mr. George F. Medill, for appellant The Toledo Trust Company.

Mr. Henry R. Bloch, for appellant The Toledo Hospital.

Messrs. Finkbeiner & Ide, for appellant The Toledo Newsboys Association.

Mr. Mark McElroy, attorney general, and Mr. John D. Barricklow, for appellee.


O'NEILL, J.

The sole question in this case is whether the trustee should be permitted to deviate from this restrictive investment provision and be allowed to invest the trust funds in accordance with the provisions of Sections 2109.37 and 2109.371, Revised Code.

The evidence in the case consists of testimony by two expert witnesses.

The trustee concedes that a deviation from investment provisions will not be authorized merely to increase the "take...

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