DOLLAR SAVINGS & TRUST CO. OF YOUNGSTOWN v. TURNER

No. 87-1340.

39 Ohio St. 3d 182 (1988)

DOLLAR SAVINGS & TRUST COMPANY OF YOUNGSTOWN, TRUSTEE, v. TURNER ET AL., BYRNE ET AL., APPELLEES; GAMBREL ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided October 26, 1988.


Attorney(s) appearing for the Case

Sobnosky & George and Edward N. Sobnosky, for appellees.

George Glavinos, Jr., for appellants.


SWEENEY, J.

Both the trial court and the court of appeals concluded that the intent of the settlor was not discernible from the contents of the trust agreement.

We agree that the trust agreement as amended fails to express any specific intent with respect to the disposition of the residuum in the event both Minnie and Harry Applegate predeceased the settlor. It therefore remains to be determined whether R.C. 2107.52 (Ohio's anti-lapse statute) applies to trust...

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