Poland v. St. Joseph's Orphan Asylum Ass'n

Citations

• 19 Ohio C.C. Dec. 649

Syllabus

<p>TRUSTS AND TRUSTEES — WILLS.</p> <p>Swing, Giffen and Smithy JJ.</p> <p>1. Right op Beneficiary and Legatee to Agree on Construction op a Will.</p> <p>An-archbishop who is named as trustee of a devise has power to enter into an agreement with the other beneficiaries under the will with respect to the construction to be placed upon its provisions, and he exercises no more than a reasonable discretion in so doing, when confronted by the emergency of an impending contest of the will, and delay on his part in acting or a refusal to act might result in irreparable loss, to the cestui que trustcnt.</p> <p>[For otter cases in point, see 7 Cyc. Dig., “Wills,” §§ 436-587. — Ed.]</p> <p>2. Validity op Agreement by Parties Interested Disposing op an Estate.</p> <p>Such an agreement when entered into in good faith by all the parties interested in the disposition of the estate will be upheld by the court, notwithstanding the construction which was adopted was not the construction which the court would have placed on the will.</p> <p>[Syllabus by the court.]</p>