2011 Ohio Revised Code
Title [21] XXI COURTS - PROBATE - JUVENILE
Chapter 2109: FIDUCIARIES
2109.34 [Effective Until1/13/2012] Representation in account proceeding.

If an interest in an estate or trust is or may be possessed by persons who will compose a certain class upon the happening of any future event, the unborn members of such class shall be deemed to be represented in any hearing upon a fiduciary’s account required by section 2109.32 of the Revised Code, if any living member of the class is made a party to such proceeding or if a trustee for the proceeding is appointed by the probate court. The unborn members of such class need not be served by publication. An order made in such proceeding shall be binding upon all members of such class, except that such order may be vacated for fraud as provided in section 2109.35 of the Revised Code.

If the beneficiaries, both present and future, of a charitable trust are not represented by a trustee or an existing corporation or other organization they shall be represented in any such proceeding by the attorney general if he is made a party thereto. Any order made in the proceeding shall be binding upon such beneficiaries, except for fraud.

Effective Date: 10-01-1953

This section is set out twice. See also § 2109.34, as amended by 129th General Assembly File No. 52, SB 124, § 1, eff. 1/13/2012.

2109.34 [Effective1/13/2012] Representation in account proceeding

If an interest in an estate or trust is or may be possessed by persons who will compose a certain class upon the happening of any future event, the unborn members of that class shall be considered to be represented in any hearing upon a fiduciary’s account required by section 2109.32 of the Revised Code, if any living member of the class is made a party to that proceeding or if a trustee for the proceeding is appointed by the probate court. The unborn members of the class need not be served by publication. An order made in the proceeding shall be binding upon all members of the class, except that the order may be vacated for fraud as provided in section 2109.35 of the Revised Code.

If the beneficiaries, both present and future, of a charitable trust are not represented by a trustee or an existing corporation or other organization, they shall be represented in any proceeding under this section by the attorney general if the attorney general is made a party to the proceeding. Any order made in the proceeding shall be binding upon those beneficiaries, except for fraud.

Amended by 129th General Assembly File No. 52, SB 124, § 1, eff. 1/13/2012.

Effective Date: 10-01-1953

This section is set out twice. See also § 2109.34, effective until 1/13/2012.