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MARTIN v. MARTIN

No. 77-557.

54 Ohio St. 2d 101 (1978)

MARTIN, APPELLEE, v. MARTIN ET AL., APPELLANTS, ET AL.

Supreme Court of Ohio.

Decided April 26, 1978.

Attorney(s) appearing for the Case

Messrs. Eastman, Stichter, Smith & Bergman, Mr. Jamille G. Jamra and Mr. David M. Jones, for appellee.

Messrs. Shumaker, Loop & Kendrick, Mr. Robert B. Gosline and Mr. Thomas I. Webb, Jr., for appellants, Fred J. Martin, Donald J. Martin, Walter H. Zebulske, Benedict L. Martin and James J. Martin.

O'NEILL, C. J.

Appellants' arguments are encompassed in three propositions of law, which state as follows:

1. "A trust which provides that distributions shall be made in the sole and absolute discretion of the trustee is a discretionary trust and as such is not subject to being reached by a creditor's bill brought by a creditor of one of the beneficiaries."

2. "A divorced wife holding an out-of-state lump sum alimony award reduced to an Ohio judgment...

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