Worthington v. Redkey

Citations

• 86 Ohio St. (N.S.) 128

Syllabus

<p>Property claimed as gift by non-testamentary trust — Donee must prove express trust — Legal title must have passed beyond donor’s control, when.</p> <p>Where property is claimed as a gift by way of a trust which is not testamentary, it devolves upon the donees to prove an express and certain trust for their benefit, either assumed by the donor himself or imposed upon a third person, and in the latter case that the property or the legal title thereto passed beyond the dominion or control of the donor in his lifetime, to the donees or to the person designated as a trustee for them.</p>