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11 Ohio opinions name it 3 courts 1936–2024 2 in the last five years
The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Quarto Mining Co. v. Litmangreen2 sentences2021The issue is whether this particular right of refusal is void under the rule against perpetuities. {¶ 37} “The fundamental purpose of the rule against perpetuities, as it developed in common law, was to prevent restraints on the alienation of property which might be perpetual or unreasonably long, while permitting restraints limited within the strict period of the rule, in recognition of a property owner's rights to the use and disposition of his property.” Quarto Mining Co. v. Litman, 42 Ohio St.2d 73, 76 , 326 N.E.2d 676 (1975). 2021The issue is whether this particular right of refusal is void under the rule against perpetuities. {¶ 37} “The fundamental purpose of the rule against perpetuities, as it developed in common law, was to prevent restraints on the alienation of property which might be perpetual or unreasonably long, while permitting restraints limited within the strict period of the rule, in recognition of a property owner's rights to the use and disposition of his property.” Quarto Mining Co. v. Litman, 42 Ohio St.2d 73, 76 , 326 N.E.2d 676 (1975). | 1 | 4 |
Sawicki v. Village of Ottawa Hillsgreen2 sentences1990See Sawicki v. Ottawa Hills (1988), 37 Ohio St. 3d 222, 225 , 525 N.E. 2d 468, 473 . 1990See Sawicki v. Ottawa Hills (1988), 37 Ohio St. 3d 222, 225 , 525 N.E. 2d 468, 473 . | 1 | 1 |
Estate of Searight v. Millergreen1 sentence1961See In re Estate of Searight, supra. There is no limitation in the will restricting the time during which the gift should be applied to any purpose. (2) Also, as a private trust the gift would fail for lack of a definite beneficiary. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Amos v. Amos
neutral
2 sentences1936The period of fifty (59) days, taking into consideration the twenty (20) days provided for the filing of notice of intention to appeal, conforms the present time to the time for filing petitions in error, as now in force, to-wit: seventy (70) days.” This explanatory note is general in its phraseology and does not alter the unambiguous language of die rule. *242 Under the former Appellate Procedure Law it was held in Kossick v Sharon Steel and Hoop Company, 3 Abs 56 , that although the plaintiff in error filed his petition m error before the final day for such filing, his time for filing his br 1936Under the former Appellate Procedure Law it was held in Kossick v Sharon Steel and Hoop Company, 3 Abs 56 , that although the plaintiff in error filed his petition in error before the final day for such filing, his time for filing his brief was not extended beyond the period allowed by the rule in force. | 2 | 1936–1936 |
Schafer v. Deszcz
green
2 sentences2024In Ohio, the rule against perpetuities is codified in R.C. 2131.08, which reads in relevant part: Case No. 23 JE 0012 – 14 – “(A) (* * *) [N]o interest in real or personal property shall be good unless it must vest, if at all, not later than twenty-one years after a life or lives in being at the creation of the interest.” As * * * stated in Schafer v. Deszcz (1997), 120 Ohio App.3d 410, 414 , 698 N.E.2d 60 , “(t)he fundamental purpose of the rule against perpetuities was, and is, to prevent restraints on the alienation of property that might be perpetual or unreasonably long, while, in recogni 2024In Ohio, the rule against perpetuities is codified in R.C. 2131.08, which reads in relevant part: Case No. 23 JE 0012 – 14 – “(A) (* * *) [N]o interest in real or personal property shall be good unless it must vest, if at all, not later than twenty-one years after a life or lives in being at the creation of the interest.” As * * * stated in Schafer v. Deszcz (1997), 120 Ohio App.3d 410, 414 , 698 N.E.2d 60 , “(t)he fundamental purpose of the rule against perpetuities was, and is, to prevent restraints on the alienation of property that might be perpetual or unreasonably long, while, in recogni | 1 | 2024–2024 |
State v. Scott
green
1 sentence2008William further contends that the trial court erred by failing to inquire into her ability to pay restitution during the period of violation. {¶ 35} "The right of the defendant to continue on probation rests within the sound discretion of the court." State v. Scott (1982), 6 Ohio App.3d 39 , 41 , 452 N.E.2d 517 . | 1 | 2008–2008 |
State v. Roberts
green
1 sentence2003Id.; State v. Roberts (2001), 141 Ohio App.3d 578 . "[A] party is unavoidably prevented from filing a motion for new trial if the party had no knowledge of the existence of the ground supporting the motion for a new trial and could not have learned of the existence of that ground within the time prescribed for filing the motion for new trial in the exercise of reasonable diligence." State v. Walden (1984), 19 Ohio App.3d 141 , 145-146 . {¶ 12} Defendant supports his motion with a May 26, 2001 affidavit signed by Colleen Castel, with whom defendant was living at the time of the incident giving | 1 | 2003–2003 |
State v. Walden
green
1 sentence2003Id.; State v. Roberts (2001), 141 Ohio App.3d 578 . "[A] party is unavoidably prevented from filing a motion for new trial if the party had no knowledge of the existence of the ground supporting the motion for a new trial and could not have learned of the existence of that ground within the time prescribed for filing the motion for new trial in the exercise of reasonable diligence." State v. Walden (1984), 19 Ohio App.3d 141 , 145-146 . {¶ 12} Defendant supports his motion with a May 26, 2001 affidavit signed by Colleen Castel, with whom defendant was living at the time of the incident giving | 1 | 2003–2003 |
Grindlay's Bank (Uganda), Ltd. v. J. Zeevi & Sons, Ltd.
green
1 sentence1999At common law, the rule against perpetuities was designed to avoid restraints on alienation of property "which might be perpetual or unreasonably long, while permitting restraints limited within the strict period of the rule, in recognition of a property owner's rights to the use and disposition of his property." Quarto Mining Co. v. Litman (1975), 42 Ohio St.2d 73 , 76 , certiorari denied (1975), 423 U.S. 866 , 46 L.Ed.2d 96 . | 1 | 1999–1999 |
Cheatham v. Illinois Central Gulf Railroad
green
1 sentence1999At common law, the rule against perpetuities was designed to avoid restraints on alienation of property "which might be perpetual or unreasonably long, while permitting restraints limited within the strict period of the rule, in recognition of a property owner's rights to the use and disposition of his property." Quarto Mining Co. v. Litman (1975), 42 Ohio St.2d 73 , 76 , certiorari denied (1975), 423 U.S. 866 , 46 L.Ed.2d 96 . | 1 | 1999–1999 |
Malmquist v. Detar
neutral
2 sentences1975But a fact pattern strikingly similar to the Conover trusts was considered by the Supreme Court of Kansas in Malmquist v. Detar (1927), 123 Kan. 384 , 255 P. 42 . 1975But a fact pattern strikingly similar to the Conover trusts was considered by the Supreme Court of Kansas in Malmquist v. Detar (1927), 123 Kan. 384 , 255 P. 42 . | 1 | 1975–1975 |
Jocelyn v. Nott
neutral
1 sentence1975App. 206; Jocelyn v. Nott, 44 Conn. 55 ].” In Cheney v. State Council of Ohio Junior Order U.A.M. (1959), 31 Ohio Law Abs. 395 , a testatrix left money to three Marion, Ohio, organizations to which her late husband had belonged. | 1 | 1975–1975 |
Williams v. Columbus
neutral
1 sentence1975App. 206; Jocelyn v. Nott, 44 Conn. 55 ].” In Cheney v. State Council of Ohio Junior Order U.A.M. (1959), 31 Ohio Law Abs. 395 , a testatrix left money to three Marion, Ohio, organizations to which her late husband had belonged. | 1 | 1975–1975 |
Smith v. Block
green
1 sentence1961Simes & Smith, supra, Section 1225; Restatement, Property, Section 374, comment e, Illus. 6 comment o; VI American Law of Property, supra, Section 24.14. | 1 | 1961–1961 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.