BANK ONE OF MILFORD v. BARDES

No. 85-1584.

25 Ohio St. 3d 296 (1986)

BANK ONE OF MILFORD, N.A., ET AL.; INDIANA GRAIN QUEEN CITY ELEVATOR, APPELLEE, v. BARDES ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided August 13, 1986.


Attorney(s) appearing for the Case

David M. Fingerman and Drew S. Diehl, for appellee.

O'Connor, Accani & Associates and Michael P. O'Connor, for appellants.


Per Curiam.

In two related propositions of law, appellants urge that the failure to record a trust instrument does not, by virtue of R.C. 5301.03, operate to divest a trustee of his interest in real estate, and that R.C. 5301.03 is a notice statute which does not protect judgment creditors who have not relied upon the existence and/or ownership of the subject real estate in the extension of credit. We agree.

In Marital Trust of Casto v. Lungaro...

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