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DALOIA v. FRANCISCAN HEALTH SYS.

No. 96-269.

79 Ohio St.3d 98 (1997)

DALOIA, TRUSTEE, APPELLANT, v. FRANCISCAN HEALTH SYSTEM OF CENTRAL OHIO, INC. ET AL, APPELLEES.

Supreme Court of Ohio.

Decided June 25, 1997.

Attorney(s) appearing for the Case

Lane, Alton & Horst and Jack R. Alton; Chester, Willcox & Saxbe and Craig Wright, for appellant.

Dinsmore & Shohl and Timothy A. Tepe, for appellees Franciscan Health System of Central Ohio, Inc., Saint Anthony Medical Center, Inc., Franciscan Sisters of the Poor Foundation at Central Ohio, and Franciscan Sisters of the Poor Foundation, Inc.

Betty D. Montgomery, Attorney General, and Sherry M. Phillips, Assistant Attorney General, for appellee Attorney General.

DOUGLAS, J.

The primary question presented for our consideration is whether the funds bequeathed to Saint Anthony in the trust instruments should, given the change in circumstances, be distributed to Saint Elizabeth in Dayton, Ohio. The trial court and court of appeals concluded that the sale of Saint Anthony made it impossible to comply with the express terms of the trusts and, as a result, the gifts should be awarded to Saint Elizabeth under the doctrine of deviation...

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