Robbins v. Smith

Citations

• 72 Ohio St. (N.S.) 1

Syllabus

<p>Trust created by will — Not terminated until trust accomplished, when — Remainder of estate to be equally apportioned— Among children of testator — But to be invested for them and not paid over — Power of devisees to will their bequests— In case of death of devisee without toill — Children of devisee to take, how — If no children, devise to go to original testator’s children — Question of title of original testator’s devisees —Law of wills and distribution of property..</p> <p>1. A trust created by will, the provisions of which are not repugnant to law or contrary to public policy, will not be decreed terminated where the objects of the trust have not been fully accomplished and their accomplishment has not been made impossible.</p> <p>2. The will of Edward Harwood provided that, the remainder of his estate (two-thirds) should be equally apportioned amongst his children, but should not be paid over to them, but be safely invested for their hehoof; and the annual income arising to each child be subject to her control, whether married or unmarried, and in no instance should the husband of any such child have any power or control over the principal or interest of such share; nevertheless, each to have power and authority to will and devise her portion of said inheritance in such manner as she shall see fit. In case of either dying without leaving a will her portion to be equally divided between h'er children who may survive her, or if she have no children surviving her, then the said portion to be paid to the testator’s children who may survive her, share and share alike. The children referred to were three daughters, one of whom has since deceased. Held:</p> <p>(а) That under this will the children of the testator took absolute title to the income but only an estate for life in the corpus of the estate, with power in each to finally dispose by will of the portion devised for her benefit, and with remainder in the children surviving such child, and, failing those, i