OHIO SOCIETY v. MCELROY

No. 37652.

175 Ohio St. 49 (1963)

THE OHIO SOCIETY FOR CRIPPLED CHILDREN AND ADULTS, INC., APPELLEE, v. MCELROY, ATTY. GENL., APPELLANT.

Supreme Court of Ohio.

Decided June 19, 1963.


Attorney(s) appearing for the Case

Mr. David G. Howell and Mr. D. H. Jacliman, for appellee.

Mr. William B. Saxbc, attorney general, Miss Neva H. Wertz, and Mr. Naren Biswas, for appellant.


TAFT, C. J.

The ultimate question to be decided in this case is whether the Society holds the farm devised to it subject to an enforceable obligation to use it as a home for crippled children.

In determining whether an instrument has created a private trust, the question is whether the settlor not only expressed a desire that the recipient of the property use it in a certain way but whether he expressed...

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