Trusts-Descent and Distribution-Wife’s Forced Share and an Inter Vivos Trust

Settlor had created an inter vivas trust, retaining income for life, right to revoke, and control over the investment. Upon settlor’s death, plaintiff, settlor’s wife, was to receive income for life, with gift over to settlor’s children. Plaintiff elected to take against settlor’s will in favor of a statutorily provided distributive share. Upon application for declaratory judgment the trial court declared the trust to be valid, but granted relief to plaintiff as to her distributive share out of the trust assets, and the court of appeals affirmed. On motion to certify, held, reversed. Since the trust is valid, title is in the trustee, and settlor has retained no interest upon which the wife can claim a distributive share. Smyth v. Cleveland Trust Co., 172 Ohio St. 489, 179 N.E.2d 60 (1961).