SHRINERS' HOSPITAL FOR CRIPPLED CHILDREN v. HESTER

No. 85-743.

23 Ohio St. 3d 198 (1986)

SHRINERS' HOSPITAL FOR CRIPPLED CHILDREN, APPELLEE, v. HESTER, EXECUTOR, ET AL., APPELLEES; LAFOLLETTE ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided April 30, 1986.


Attorney(s) appearing for the Case

Pickrel, Schaeffer & Ebeling and Andrew C. Storar, for appellees Shriners' Hospital for Crippled Children and Twin Wells Indian School.

Carl Morgenstern Co., L.P.A., Carl Morgenstern and Roger S. Gates, for appellants Aubrey P. LaFollette et al.

Millikin & Fitton and James E. Michael, for appellee Stephen M. Hester, executor.

Anthony J. Celebrezze, Jr., attorney general, Richard W. Ross and Susan E. Gurwin, for appellee Anthony J. Celebrezze, Jr., attorney general.


SWEENEY, J.

Ohio's mortmain statute, former R.C. 2107.06,1 provided in relevant part:

"(A) If a testator dies leaving issue and by his will devises or bequeaths his estate, or any part thereof, in trust or otherwise to any * * * person, association, or corporation for the use or benefit of one or more benevolent, religious, educational, or charitable purposes, such devises and bequests shall be valid in their entirety only if the...

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