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Keywords

appealtrialtrustwillcorporation
plaintiffdefendantappealpleatrustwillappellee

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Hageman v. Cleveland Trust Co., 45 Ohio St.2d 178, 343 N.E.2d 121, 74 O.O.2d 295

Facts

Katharine L. Hageman died on June 14, 1969, having executed a trust agreement with The Cleveland Trust Company just days before her death. Her brother, Howard C. Hageman, the sole heir, contested the will and the trust, alleging that the decedent lacked the mental capacity to execute these documents. The trial court dismissed his action, reasoning that a disinherited heir cannot challenge a trust unless the will is also set aside, which was not the case here.

On January 25, 1970, decedent's brother and sole heir at law, Howard C. Hageman, plaintiff-appellee herein, instituted an action in the Court of Common Pleas of Lorain County to contest the will, alleging, conclusionally, that the will was invalid, and praying that it be so declared.

Issue

Whether the decedent's trust agreement was valid and whether the heir had standing to contest it without first contesting the will.

The court stated further that it was ‘* * * impressed with the arguments of defendants that a disinherited heir has no standing to set aside an inter vivos trust into which there is a ‘pour over’ of the estate from the will unless the will is also set aside.

Rule

A disinherited heir has no standing to set aside an inter vivos trust into which there is a 'pour over' from the will unless the will is also set aside.

Such actions would nullify the will of the decedent, where the will did not leave the ‘disputed property or asset’ to such disinherited heir.

Analysis

The court analyzed the incorporation of the trust agreement into the will, determining that even if the trust was not valid, the will's reference to the trust agreement was sufficient to validate the disposition of property. The court emphasized that the heir's action could not improve his status as a disinherited heir, thus affirming the trial court's dismissal.

Thus, we direct our inquiry to the significance of the trust agreement, even if it failed to effectuate a trust.

Conclusion

The Supreme Court reversed the Court of Appeals' decision, affirming the trial court's dismissal of the heir's action.

Therefore, the judgment of the Court of Appeals, reversing that dismissal, must be reversed.

Who won?

Cleveland Trust Company prevailed because the court found that the trust agreement was effectively incorporated into the will, making the disposition of property valid despite the heir's claims.

The court stated further that it was ‘* * * impressed with the arguments of defendants that a disinherited heir has no standing to set aside an inter vivos trust into which there is a ‘pour over’ of the estate from the will unless the will is also set aside.

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