Jones v. Creamer

Citations

• 22 Ohio C.C. Dec. 223

Syllabus

<p>EXECUTORS AND ADMINISTRATORS — TRUSTS AND TRUSTEES.</p> <p>1. Probate Court Required to Examine Accounts Filed and. to Obder Correct Administration of Trust.</p> <p>It is the duty of the probate court (Gen. Code 11202) to examine accounts filed in that court, and sua sponte or on request of an interested party make such orders as are proper and ■necessary, to secure a faithful and correct administration of the trust.</p> <p>2. Testamentary Trust Enforceable According to Terms of Creating Instrument Until Equity Decrees Otherwise.</p> <p>A testamentary trust, where possible of performance and not contrary to law, must be enforced according to the provisions of the instrument creating it, until a court of equity decrees otherwise.</p> <p>3. Probate Court Cannot Terminate Testamentary Trust.</p> <p>The probate court has no power to terminate a testamentary trust.</p> <p>4. Acts of Trustee Confined to Execution of Trust Provisions or as Instructed by Court.</p> <p>A trustee should confine his acts to the carrying into effect of the provisions of the trust under which he is acting and if in doubt, apply to a proper court for instruction (Gen. Code 10857).</p> <p>5. Executor Cannot, by Agreement with Persons Interested, Divert Trust Funds from use Prescribed by Will.</p> <p>Where a testator in his will provided for the erection of a family vault and that a specific sum should be used for that purpose, and further provided “that the sum of five hundred dollars shall be set aside and invested in good farm mortgages, etc., and the income held as a perpetual fund for the care of such vault after the same is erected.” Held, that the executor cannot, even by consent of all persons having an interest in the estate of decedent, use said sum in the erection of the vault, and if it is so used, the executor is chargeable therewith and must account for same as provided in said will.</p> <p>[Syllabus by the court.]</p>