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IN RE TRUST OF BROOKE

No. 97-1089.

82 Ohio St.3d 553 (1998)

IN THE MATTER OF THE TRUST U/W OF BROOKE ET AL., DECEASED.

Supreme Court of Ohio.

Decided August 12, 1998.

Attorney(s) appearing for the Case

Thompson, Hine & Flory L.L.P., Laurie J. Nicholson and Richard F. Carlile, for appellant.

Porter, Wright, Morris & Arthur and Jonathan Hollingsworth, for appellee.

Leppla & Ambrose Associates, Ltd., and R. Mark Henry, urging reversal for amicus curiae, Concerned Eaton Citizens.

MOYER, C.J.

This dispute arises from a declaratory judgment action brought to construe certain language contained in two trusts of which the appellant is the trustee.1 For the reasons that follow, we hold that the trusts grant exclusive power to the trustee to control and distribute the net income from the trust, subject to the requirements for distribution as stated in the trusts. We also...

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