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BUREAU OF SUPPORT IN THE DEPARTMENT OF MENTAL HYGIENE AND CORRECTION v. KREITZER

No. 68-73.

16 Ohio St. 2d 147 (1968)

BUREAU OF SUPPORT IN THE DEPARTMENT OF MENTAL HYGIENE AND CORRECTION FOR THE STATE OF OHIO, APPELLEE, v. KREITZER, TRUSTEE, ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided December 31, 1968.

Attorney(s) appearing for the Case

Mr. William B. Saxbe, attorney general, and Mr. David E. Morgan, for appellee.

Messrs. Withrow & Ratchford and Mr. Jack W. Hutton, for appellant.

SCHNEIDER, J.

The state of Ohio, through the Bureau of Support in the Department of Mental Hygiene and Correction, brought this action to compel the cotrustees under a testamentary trust to reimburse it for care and support furnished by it to the trust beneficiary, Naomi M. Swallow, an adult, mentally incompetent patient in the Dayton State Hospital. The portion of the will involved reads as follows:

". . . [I]n the event a share is established upon my death...

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