Marcinkevicius v. Galloway

Citations

• 2026 Ohio 1280

Syllabus

Probate; appointment of successor trustee; trustee rejects trustee appointment; trust instrument; courts of equity; Ohio Trust Code; priority of trustee appointment; R.C. 5807.04(C). - Judgment affirmed. The court did not abuse its discretion in appointing a successor trustee where there was a vacancy and then an attempted appointment pursuant to the terms of the trust. The court's jurisdiction was properly invoked and as a court of equity, it was enabled to make the successor appointment when it found that the person named in the trust to make an appointment did not follow the wishes of the settlor. The court's appointment comported with the order of priority in R.C. 5807.04(C) and aligned with the settlor's wishes.