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DOMO v. McCARTHY

No. 92-372.

66 Ohio St.3d 312 (1993)

DOMO, APPELLANT, v. McCARTHY, TRUSTEE, ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 2, 1993.

Attorney(s) appearing for the Case

Ulmer & Berne and Marvin L. Karp, for appellant.

Cooper, Straub, Walinski & Cramer, Cary Rodman Cooper and Margaret J. Lockhart, for appellees Susan S. Madison, individually and as executrix of the estate of Mary H. Stouffer, Jack B. Madison, Sarah H. Drew, John Drew, and Sarah and John Drew as parents of Mary C. Drew.

Nathan & Roberts and H. Buswell Roberts, for appellees James V. Stouffer, Jr., Vicki J. Stouffer, James V. Stouffer III, and David B. Stouffer.

Fuller & Henry, Mary Ann Whipple and Lance M. Keiffer, for appellee John F. McCarthy.

DOUGLAS, J.

This appeal requires us to analyze certain provisions of the James V. Stouffer Trust and the Mary H. Stouffer Trust. Specifically, we are asked to construe and give effect to certain spendthrift provisions and determine what interests under the trusts, if any, appellant is entitled to reach as a creditor of James, Jr.

I

We are mindful that one of the fundamental tenets for the construction of a will or trust is to ascertain, within the...

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