YOUNGSTOWN Appointee holds seat on charitable trust

The appointment is so distributions can be made by the end of the year.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- A representative of the Ohio attorney general's office has been appointed to temporarily help oversee a charitable trust in Mahoning County Probate Court.
Judge Timothy P. Maloney says he won't permanently appoint a local person until all his questions regarding administration of the trust are cleared up.
The vacancy came about when former attorney John F. Zimmerman Jr. resigned as one of three trustees who were appointed to oversee distribution of funds from the estate of Walter E. Watson, a city resident who died in 1954.
The foundation makes donations to educational and nonprofit organizations in Mahoning County.
Allegations
Zimmerman stepped down because he had resigned his law license over allegations that he'd defrauded the law firm of Manchester, Bennett, Powers & amp; Ullman out of some $190,000. Zimmerman was a partner and shareholder with the firm.
Prosecutor Paul Gains said he's requested documentation from the law firm. His office will review the case and consider whether criminal charges are warranted.
When Zimmerman resigned from the practice of law, he moved to Florida and gave up his seat on the Watson trust's distribution committee, leaving Thomas R. Hollern, president and chief executive officer of National City Bank, as the only member.
There was already an unfilled vacancy when Zimmerman stepped down. The trust's regulations require that at least two trustees be on the distribution committee.
Atkinson recommendation
At a hearing earlier this month, Hollern asked that Judge Maloney affirm the appointment of Eugenia Atkinson, who'd been nominated to fill the earlier vacancy. Atkinson is executive director of the Youngstown Metropolitan Housing Authority.
An attorney for National City Bank, which is the court-appointed trustee for the foundation, said at least one more member must be appointed soon so the foundation can make distributions by the end of the year.
"This court will not act to approve the appointment of Atkinson while there are questions surrounding the administration of or otherwise touching upon the administration of the trust," Judge Maloney wrote in a court entry.
The trust had already come under scrutiny from the judge because he did not like the way NCB has administered it. He's asked a court-appointed investigator to look into the matters and report back to him.
In the meantime, Judge Maloney appointed a representative of the attorney general's charitable trusts division to help Hollern oversee distributions for this year so the foundation will not face tax penalties.
bjackson@vindy.com