Ohio Supreme Court August 12, 1998, No. 97-1089 (In re the Trust U/W of Brooke)

Cook, J.,

dissenting. I would affirm the judgment of the court of appeals.

The majority reads the trust phrase “in his sole discretion” as applying to both the timing and the purpose of distributions from the trust. I depart from the court on this point. Instead, I read the phrase as applying only to the timing of distributions. The phrase is positioned between two timing restrictions.