Opinion

Sherman v. Sherman

  • 5 Ohio St. 2d 27
  • 34 Ohio Op. 2d 48
  • 213 N.E.2d 360
  • 1966 Ohio LEXIS 382
Court
Ohio Supreme Court
Filed
Jan 5, 1966
Status
Published
Author
Schneider
On the bench
Brown, Herbert, Matthias, Neill, Schneider, Taet, Zimmerman
Cited by
14 cases

The opinion

Schneider, J.,

dissenting in part. For the reasons stated in paragraphs three, four, five and eight of the syllabus of Millar et al., Admrs., v. Mountcastle, 161 Ohio St. 409 , and paragraph four of the syllabus of Hopkins, Trustee, v. Cleveland Trust Co., Trustee, 163 Ohio St. 539 , stock splits and stock dividends in the nature of stock splits are not receipts which may be allocated to income by a trustee unless the trust instrument specifically confers authority upon the trustee so to do by unequivocal and express language.

I, therefore, dissent from paragraph two of the syllabus of this case so far as it pertains to stock dividends in the nature of stock splits.

Taet, C. J., and Brown, J., concur in the foregoing dissenting opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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