OLIVER v. BANK ONE, DAYTON, N.A.

No. 90-530.

60 Ohio St. 3d 32 (1991)

OLIVER, APPELLEE, v. BANK ONE, DAYTON, N.A.; HOPPER, EXECUTOR, APPELLEE; REIMULLER ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided May 29, 1991.


Attorney(s) appearing for the Case

Robert F. Jefferis, for appellee Oliver.

Hanes, Schipfer, Hurley, McClurg, Cooper & Graber, Thomas H. Graber II and Roger L. Hurley, for appellee Hopper.

Thompson, Hine & Flory, C. Terry Johnson, David M. Rickert, Deborah D. Hunt and Teresa D. Jones, for appellants Reimuller, Osie Bair Johnson, Wanda Bair, Wolfgang and Williams.


EVANS, J.

This is a will construction case in which we must determine the disposition of certain bequests to beneficiaries who predeceased the testator.

Because both the appellants and the appellees address arguments in their briefs to the application of the anti-lapse statute in this case, we make the following observations. Under the common law a testamentary gift to a beneficiary who predeceased the testator lapsed even if the beneficiary was related to...

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