MARITAL TRUST OF CASTO v. LUNGARO

No. 85-678.

22 Ohio St. 3d 298 (1986)

MARITAL TRUST UNDER THE WILL OF CASTO, APPELLANT, v. LUNGARO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided March 19, 1986.


Attorney(s) appearing for the Case

Stein, Trapp & Assoc. Co., L.P.A., and Stanley E. Stein, for appellant.

Weston, Hurd, Fallon, Paisley & Howley, Jason C. Blackford and Warren Rosman, for appellees.


WRIGHT, J.

This cause raises the issue of whether an equitable interest created by an oral trust in real property is enforceable as having priority over the interest of a judgment creditor of the trustee. This court need not decide whether such a trust exists in this particular case. Instead, we must determine whether R.C. 5301.03 prevents the enforcement of such a prior interest against a judgment creditor. R.C. 5301.03 provides:

"`Trustees,' `as trustee...

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