gift exception (Ohio) · Go Syfert
← Ohio issues

gift exception in Ohio

8 Ohio opinions name it 3 courts 1963–2018 0 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.

Followed or applied (2)

CaseFollowedCited
Kotch v. Kotchgreen
ohioctapp · 2008 · cited in 2 Ohio opinions naming this issue, 2012–2014
2 sentences

2012“The gift exception in division (A)(6)(a)(vii) requires proof that not only did the donor intend to benefit one of the spouses, but that the donor also intended to exclude the other spouse from acquiring any interest in the property through the gift that was made.” Kotch v. Kotch, 178 Ohio App.3d 358 , 2008- Ohio-5084, 897 N.E.2d 1191 (5th Dist.), ¶30, citing Marshall v. Marshall, 2nd Dist.

2012“The gift exception in division (A)(6)(a)(vii) requires proof that not only did the donor intend to benefit one of the spouses, but that the donor also intended to exclude the other spouse from acquiring any interest in the property through the gift that was made.” Kotch v. Kotch, 178 Ohio App.3d 358 , 2008- Ohio-5084, 897 N.E.2d 1191 (5th Dist.), ¶30, citing Marshall v. Marshall, 2nd Dist.

12
Kuehn v. Kuehngreen
ohioctapp · 1988 · cited in 1 Ohio opinions naming this issue, 1997–1997
2 sentences

1997See Kuehn v. Kuehn (1988), 55 Ohio App.3d 245 , 564 N.E.2d 97 , 1 and Anderson v. Anderson (July 7, 1992), Hocking App. No. 91CA1, unreported, 1992 WL 174716 .

1997See Kuehn v. Kuehn (1988), 55 Ohio App.3d 245 , 564 N.E.2d 97 , 1 and Anderson v. Anderson (July 7, 1992), Hocking App. No. 91CA1, unreported, 1992 WL 174716 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Butler v. Butler green
ohioctapp · 2012
2 sentences

2017Id. {¶74} The trial court made the following finding concerning the Damascus property: 11.

2014Holmes No. 12CA009, 2012-Ohio-6085, ¶ 24 , quoting Kotch v. Kotch, 178 Ohio App.3d 358 , 2008-Ohio-5084, ¶ 30 (5th Dist.), citing Marshall v. Marshall, 2d Dist.

22014–2017
Kostyo v. Kaminski green
ohioctapp · 2013
1 sentence

2018Id.

12018–2018
Bolles v. Toledo Trust Co. green
ohio · 1936
1 sentence

2014Seneca No. 13-12-17, 2012-Ohio-6116, ¶ 16 , quoting Barkley at 161, fn. 2, citing -6- Case No. 2-14-06 Bolles v. Toledo Trust Co., 132 Ohio St. 21 (1936). “‘The gift exception in division (A)(6)(a)(vii) requires proof that not only did the donor intend to benefit one of the spouses, but that the donor also intended to exclude the other spouse from acquiring any interest in the property through the gift that was made.’” Butler v. Butler, 5th Dist.

12014–2014
Williams v. Williams neutral
ohioctapp · 2012
1 sentence

2014Seneca No. 13-12-17, 2012-Ohio-6116, ¶ 16 , quoting Barkley at 161, fn. 2, citing -6- Case No. 2-14-06 Bolles v. Toledo Trust Co., 132 Ohio St. 21 (1936). “‘The gift exception in division (A)(6)(a)(vii) requires proof that not only did the donor intend to benefit one of the spouses, but that the donor also intended to exclude the other spouse from acquiring any interest in the property through the gift that was made.’” Butler v. Butler, 5th Dist.

12014–2014
Grable v. Henderson neutral
ohioctapp · 1934
2 sentences

2008They “simply testified to that which disproved plaintiffs claim.” Grable v. Henderson (1934), 49 Ohio App. 145, 148 , 195 N.E. 485 .

2008They “simply testified to that which disproved plaintiffs claim.” Grable v. Henderson (1934), 49 Ohio App. 145, 148 , 195 N.E. 485 .

12008–2008
Neidler v. Donaldson green
ohprobctseneca · 1966
1 sentence

1974Seneca 1966), 9 Ohio Misc. 208 , 224 N. E. 2d 404 , 38 O.

11974–1974
Deeds v. Deeds neutral
ohprobctmontgom · 1950
1 sentence

1963If a gift in violation of the type of statute in question is not in the residuary clause, it passes under a general residuary clause if there is one. 1 Bowe-Parker: Page on Wills, Sec. 3.16, p. 110 (1960); Davis v. Davis, 62 Ohio St., 411 , 57 N. E., 317 (1900) (recognizing rule, but making exception to it by reason of particular wording of will); Deeds v. Deeds, 58 Ohio Law Abs., 129 , 42 Ohio Opinions, 384, 94 N. E. (2d), 232 (Prob.

11963–1963

Statutes the citing opinions construe

OH § Ohio Rev. Code § 3105.171 (4)

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.

Where else courts name it

CA 27 (1922–2026) AZ 23 (1976–2024) IL 14 (1968–2020) TX 12 (1991–2026) NC 9 (1985–2021) NY 8 (1894–2006) OH 8 (1963–2018) ND 8 (2008–2024) FL 7 (1967–2019) MS 7 (1994–2010) WA 5 (2009–2015) KY 4 (2003–2025) MT 4 (1932–2024) PA 4 (1938–2015) MA 4 (1931–2003) UT 3 (1983–2011) NJ 3 (1949–2021) VT 3 (1907–2007) MD 3 (1975–1989) AK 2 (2023–2025) NV 2 (2011–2020) MO 2 (1977–2011) OK 2 (2006–2015) IA 2 (1968–2019) WV 2 (1995–2016)

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.

← Caselaw search · G Cite Topics · Brief Check