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SCOTT v. BANK ONE TRUST CO.,

No. 89-1655.

62 Ohio St.3d 39 (1991)

SCOTT, TRUSTEE, v. BANK ONE TRUST COMPANY, N.A., ET AL.

Supreme Court of Ohio.

Decided October 9, 1991.

Attorney(s) appearing for the Case

Schwartz, Kelm, Warren & Rubenstein and Daniel R. Swetnam, for petitioner Bank One Trust Company, N.A.

Luper, Wolinetz, Sheriff & Neidenthal and David M. Whittaker, for petitioner John S. McCombe.

Thompson, Hine & Flory and Susan L. Rhiel, for respondent.

Dinsmore & Shohl, Wiley Dinsmore, Mark L. Silbersack, Timothy A. Tepe and Albert L. Bell, urging validity of the trust for amicus curiae, Ohio State Bar Association.

Jeffrey D. Quayle, urging validity of the trust for amicus curiae, Ohio Bankers Association Trust Division.

Per Curiam.

The federal district court has certified the following questions to this court:

"1. Is Rule XVI of the Ohio Supreme Court Rules of Procedure [providing for federal certification of state-law questions] constitutional under [A]rticle IV, [S]ection 5 of the Ohio Constitution?

"2. Whether spendthrift trusts are valid and enforceable under Ohio law. Specifically, is the spendthrift clause contained in the Brewer Trust enforceable under...

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