TIEDTKE v. TIEDTKE

No. 32689.

157 Ohio St. 554 (1952)

TIEDTKE, EXR., ET AL., APPELLEES, v. TIEDTKE ET AL., APPELLANTS, ET AL., APPELLEES.

Supreme Court of Ohio.

Decided May 28, 1952.


Attorney(s) appearing for the Case

Messrs. Marshall, Melhorn, Bloch & Belt, for plaintiff appellee.

Mr. John S. Brumbach and Messrs. Ohlinger, Koles, Wolf & Flues, for appellants.

Messrs. Baker, Hostetler & Patterson and Mr. Dwight B. Buss, for defendant appellees.


TAFT, J.

The words of item 11 of the testator's will which require construction are:

"In case of the death of my * * * daughter * * * leaving no children, then such * * * trust estate shall be divided among my heirs at law."

It is arguable that, by the provisions of the will, the testator intended that the "children" of his daughter should take in the event that any survived her. See Restatement of the Law of Property, Section 272 and Comments a and...

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