Ohio Revised Code

Ohio Rev. Code § 2107.06 (2026)

Age requirement for witnessing will

✓ current as of May 2026
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No person under eighteen years of age shall witness a will executed pursuant to section 2107.03 of the Revised Code or an agreement to make a will or to make a devise or bequest by will pursuant to section 2107.04 of the Revised Code.

Notes of Decisions
Cited in 13 cases, 1954–1994 · leading case: Shriners' Hosp. for Crippled Child. v. Hester, 492 N.E.2d 153 (Ohio 1986).
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Shriners' Hosp. for Crippled Child. v. Hester, 492 N.E.2d 153 (Ohio 1986). · cites it 24× “Ohio’s mortmain statute, former R.C. 2107.06, 1 provided in relevant part: “(A) If a testator dies leaving issue and by his will devises or bequeaths his estate, or any part thereof, in trust or otherwise to any * * * person, association, or corporation for the use or benefit of…”
Wendell v. AmeriTrust Co., 630 N.E.2d 368 (Ohio 1994). · cites it 4× “10504-5 was renumbered R.C. 2107.06, with minor amendments. In 1965, the General Assembly substantially amended R.”
Key v. Doyle, 434 U.S. 59 (1978). “§ 91-142 (1964); Ohio Rev. Code Ann. §2107.06 (1976). As stated above, the D.”
Upole v. Roberts, 437 N.E.2d 1205 (Ohio Ct. App. 1980). · cites it 24× “Upóle filed a complaint in the Court of Common Pleas of Wood County, Probate Division, seeking the assistance of said court in determining the applicability of R.C. 2107.06 to the above-stated terms of testator’s will.”
Gulf Oil Corp. v. Eisenhour, 158 F. Supp. 663 (N.D. Ohio 1958). · cites it 3× “” In due course, on August 27, 1946, the executors in Ohio filed a petition for construction of the will, asking the determination of a number of questions, and particularly the applicability of §10504-5 GC (§2107.06 R. C.), to the claim of “Charities” under the will, testator…”
Wendell v. AmeriTrust Co., N.A., 1994 Ohio 511 (Ohio 1994). · cites it 4× “10504-5 was renumbered R.C. 2107.06, with minor amendments. In 1965, the General Assembly substantially amended R.”
Cleveland Trust Co. v. Lowe, 191 N.E.2d 196 (Ohio Ct. App. 1963). · cites it 8× “That the finding is contrary to and in violation of Section 2107.06, Revised Code, commonly known as the Mortmain Statute.”
Woods v. Neissen, 463 N.E.2d 92 (Ohio Ct. App. 1983). · cites it 10× “Specifically, the plaintiffs sought a declaration whereby the charitable beneficiaries would be limited to receive twenty-five percent of the net probate estate (under R.C. 2107.06); that the balance of the estate remaining after the payments of the specific bequests would…”
Powell v. City Nat'l Bank & Trust Co., 440 N.E.2d 560 (Ohio Ct. App. 1981). “See R.C. 2107.06. The mortmain statutes easily could be circumvented in contravention of public policy if charitable corporations were permitted to be designated as beneficiaries of “P.”
Cent. Nat'l Bank v. Morris, 227 N.E.2d 418 (Ohio Ct. App. 1967). · cites it 14× “That court found that Section 2107.06, Revised Code, which relates to testamentary bequests to charity, has no application if the decedent’s heirs at law would not be benefited, even if the charitable bequests were declared invalid by reason of a gift over to beneficiaries who…”
Roenick v. Dollar Sav. & Trust Co., 179 N.E.2d 379 (Ohio Ct. App. 1960). · cites it 2× “We hold that he could not circumvent the plain, and unambiguous, terms of Section 2107.06, Revised Code, which says that where testator, under the conditions here, “* * * gives, devises, or bequeaths * * * to * * * educational or charitable purpose, or to * * * persons * # * or…”
Drew v. Richards, 177 N.E.2d 633 (Ohio Ct. App. 1960). · cites it 2× “That the Mortmain Statute (Section 2107.06, Revised Code), has no application to this trust.”
Show all 13 citing cases →
Ohio Rev. Code § 2107.06(A): 2 cases
Upole v. Roberts, 437 N.E.2d 1205 (Ohio Ct. App. 1980). “Upóle filed a complaint in the Court of Common Pleas of Wood County, Probate Division, seeking the assistance of said court in determining the applicability of R.C. 2107.06 to the above-stated terms of testator’s will.”
Woods v. Neissen, 463 N.E.2d 92 (Ohio Ct. App. 1983). “Specifically, the plaintiffs sought a declaration whereby the charitable beneficiaries would be limited to receive twenty-five percent of the net probate estate (under R.C. 2107.06); that the balance of the estate remaining after the payments of the specific bequests would…”
Ohio Rev. Code § 2107.06(B): 1 case
Upole v. Roberts, 437 N.E.2d 1205 (Ohio Ct. App. 1980). “Upóle filed a complaint in the Court of Common Pleas of Wood County, Probate Division, seeking the assistance of said court in determining the applicability of R.C. 2107.06 to the above-stated terms of testator’s will.”
Ohio Rev. Code § 2107.06(C): 2 cases
Shriners' Hosp. for Crippled Child. v. Hester, 492 N.E.2d 153 (Ohio 1986). “Ohio’s mortmain statute, former R.C. 2107.06, 1 provided in relevant part: “(A) If a testator dies leaving issue and by his will devises or bequeaths his estate, or any part thereof, in trust or otherwise to any * * * person, association, or corporation for the use or benefit of…”
Woods v. Neissen, 463 N.E.2d 92 (Ohio Ct. App. 1983). “Specifically, the plaintiffs sought a declaration whereby the charitable beneficiaries would be limited to receive twenty-five percent of the net probate estate (under R.C. 2107.06); that the balance of the estate remaining after the payments of the specific bequests would…”
Ohio Rev. Code § 2107.06(D): 2 cases
Upole v. Roberts, 437 N.E.2d 1205 (Ohio Ct. App. 1980). “Upóle filed a complaint in the Court of Common Pleas of Wood County, Probate Division, seeking the assistance of said court in determining the applicability of R.C. 2107.06 to the above-stated terms of testator’s will.”
Woods v. Neissen, 463 N.E.2d 92 (Ohio Ct. App. 1983). “Specifically, the plaintiffs sought a declaration whereby the charitable beneficiaries would be limited to receive twenty-five percent of the net probate estate (under R.C. 2107.06); that the balance of the estate remaining after the payments of the specific bequests would…”
Ohio Rev. Code § 2107.06(H): 1 case
Upole v. Roberts, 437 N.E.2d 1205 (Ohio Ct. App. 1980). “Upóle filed a complaint in the Court of Common Pleas of Wood County, Probate Division, seeking the assistance of said court in determining the applicability of R.C. 2107.06 to the above-stated terms of testator’s will.”
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