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POLEN v. BAKER

No. 00-1274.

92 Ohio St.3d 563 (2001)

POLEN, EXR., APPELLEE, v. BAKER ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided August 22, 2001.

Attorney(s) appearing for the Case

Kegler, Brown, Hill & Ritter, R. Douglas Wrightsel, Stephen E. Chappelear and Mark R. Reitz, for appellee.

Wood & Lamping LLP, Paul R. Berninger, W. Kelly Lundrigan and Catherine S. Neal, for appellants.

COOK, J.

This case presents the issue of whether only surviving beneficiaries named in a will's residuary clause should receive equal shares of the residuary estate, or whether the children of a beneficiary who also was named in the residuary clause but who predeceased the testator should inherit his share. For the reasons that follow, we find that only the surviving named beneficiaries should share in the...

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