TOLEDO TRUST CO. v. SANTA BARBARA FOUND.

No. 86-1064.

32 Ohio St. 3d 141 (1987)

TOLEDO TRUST COMPANY, TRUSTEE OF TRUST NO. 4117, APPELLEE, v. SANTA BARBARA FOUNDATION, APPELLANT; TOLEDO TRUST COMPANY, TRUSTEE OF TRUST NO. 4118, ET AL., APPELLEES.

Supreme Court of Ohio.

Decided August 26, 1987.


Attorney(s) appearing for the Case

Marshall & Melhorn and Donald F. Melhorn, Jr., for appellee Toledo Trust Company, Trustee for Trust No. 4117.

Watkins, Bates & Handwork, William F. Bates, John J. McHugh III and Gary O. Sommer, for appellant.

Robinson, Curphey & O'Connell and Michael S. Messenger, for appellees Toledo Trust Company, Trustee for Trust No. 4118 and Nancy S. Jones.


SWEENEY, J.

The crucial question presented by this appeal is the effect, if any, that the order of the California superior court has on the instant proceeding. It is axiomatic that, in interpreting the terms of a will, the intention of the testator is paramount. Sherman v. Sherman (1966), 5 Ohio St.2d 27, 34 O.O. 2d 48, 213 N.E.2d 360; Johnson v. Johnson (1894), 51 Ohio St. 446, 38 N.E. 61;

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