# Sherman v. Sherman

> Ohio Supreme Court · January 5, 1966 · 5 Ohio St. 2d 27

URL: https://www.frixlaw.com/law-library/cases/6753560

## Case

- **Full name:** Sherman, Trustees v. Sherman, Appellees Beigel, Gdn.
- **Court:** Ohio Supreme Court
- **Decided:** January 5, 1966
- **Citations:** 5 Ohio St. 2d 27; 34 Ohio Op. 2d 48; 213 N.E.2d 360; 1966 Ohio LEXIS 382
- **Precedential status:** Published
- **Opinion:** Dissent by Schneider
- **Judges:** Brown, Herbert, Matthias, Neill, Schneider, Taet, Zimmerman
- **Cited by:** 14 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6753560

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6753560. Public record. Not legal advice.