PAPIERNIK v. PAPIERNIK

No. 88-367.

45 Ohio St. 3d 337 (1989)

PAPIERNIK ET AL., APPELLANTS, v. PAPIERNIK, APPELLEE, ET AL.

Supreme Court of Ohio.

Decided September 27, 1989.


Attorney(s) appearing for the Case

Comstock, Springer & Wilson, David C. Comstock and Edward N. Sobnosky, for appellants.

George A. Chuparkoff and Stephen J. Chuparkoff, for appellee.


EVANS, J.

This case presents three issues for our consideration: first, whether the remainder beneficiaries of a trust have sufficient interest in the trust to create standing to maintain an action to modify the trust when the income beneficiary has an absolute power of appointment over all assets in the trust; second, whether it is error for a court of equity to strike from the trust instrument provisions creating the position of trust advisor when continued use...

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