Pike v. White

Citations

• 33 Ohio C.C. Dec. 453
• 22 Ohio C.C. (n.s.) 61

Syllabus

<p>COURTS — TRUSTS AND TRUSTEES</p> <p>1. Probate Court Has no Jurisdiction to Supervise Testamentary Trusts.</p> <p>The probate court has no jurisdiction conferred upon it by law, to supervise or control the administration of a testamentary trust.</p> <p>2. Jurisdiction Cannot be Conferred in Testamentary Matters to Probate Court.</p> <p>Jurisdiction can not be conferred upon the probate court by will or any other private appointment, or by consent, empowering it to act as a court in supervising the administration of a testamentary trust.</p> <p>3. Probate Court Acts as Arbiter Only Under Will Conferring Supervisory Powers.</p> <p>When the probate court assumes to act under the provisions of a will conferring upon it supervisory powers over the administration of a testamentary trust, its action is that of a mere arbitrator from which error will not lie.</p>