For-Profit Hospital Cannot Receive Funds From Charitable Trust
When Kathryn Seymour executed her Amended Trust Agreement, she provided that upon her death the residue of her estate would go 50% to St. John’s United Church of Christ in Massillon, OH, 40% to the Massillon community hospital, and 10% to the local branch of the Salvation Army. Before her death, however, the hospital was sold to a for-profit and became known as the Affinity Medical Center. The bank trustee asked the trial court for a declaratory judgment on the question of the rightful recipient of the 40% interest.