Dueck v. Clifton Club Co.
Case Details
- Judge(s)
- Mays, Gallagher, Boyle
- Status
- Published
Related Laws
No specific laws identified for this ruling.
Excerpt
R.C. Chapter 2721, declaratory judgment, R.C. Chapters 5801-5811, Ohio Trust Code, Uniform Trust Code, trust, beneficiary, breach of fiduciary duty, impartiality, remedies. Members of the incorporated social club were not direct legal beneficiaries under a 1912 Trust Deed vesting beneficiary status in community lot owners. The Trust Deed interpreted using basic contract principles to determine settlor's intent however, determination of scope of derivative membership interest subject to extrinsic evidence. Trustees breached fiduciary duties of impartiality and failure to provide information. Reversed and remanded.
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