TRUST CO. v. BOVEY

No. 69-765.

25 Ohio St. 2d 187 (1971)

THE CENTRAL TRUST CO., TRUSTEE, v. BOVEY ET AL., APPELLEES; LAKE, APPELLANT.

Supreme Court of Ohio.

Decided March 3, 1971.


Attorney(s) appearing for the Case

Messrs. Paxton & Seasongood, for The Central Trust Company.

Mr. Carl L. Meier, for minor defendant-appellees.

Messrs. Frost & Jacobs, Mr. Phillip G. Barnett, Mr. John A. Lloyd, Jr., and Mr. John A. West, for appellant.


CORRIGAN, J.

The point of decision in this appeal rests upon the interpretation of the language of the 1930 trust instrument providing that at the death of each daughter a one-fourth portion of the corpus was to be paid to the "child or children * * * surviving the daughter then dying."

Appellant contends that, in the absence of an intent to the contrary, a settlor must be presumed to have intended to include an adopted child within a class gift to the "child...

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