Univ. Hosps. of Cleveland, Inc. v. Lynch

Citations

• 2002 Ohio 3748
• 96 Ohio St. 3d 118

Syllabus

Trusts—Action to adjudicate existence of a constructive trust for which no formal trust instrument exists and to substitute a new trustee is not subject to requirement of R.C. 109.25 that Attorney General be served with process or summons by registered mail—Failure of original parties to serve Attorney General with process or summons in a proceeding does not necessarily render any judgment entered therein void unless the proceeding falls within R.C. 109.25(A) through (D)—Party seeking judicial recognition of either a constructive or a resulting trust bears the burden of producing clear and convincing evidence justifying it.