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STEVENS v. RADEY

No. 2006-2343.

117 Ohio St.3d 65 (2008)

2008-Ohio-291

STEVENS ET AL., APPELLEES, v. RADEY, TRUSTEE, APPELLANT, ET AL.

Supreme Court of Ohio.

Decided February 6, 2008.

Attorney(s) appearing for the Case

Widder & Widder, John M. Widder, and Peggy Widder, for appellees.

Weston Hurd L.L.P., Angela G. Carlin, Gregory E. O'Brien, and Shawn W. Maestle; and John P. Koscianski, for appellant.

MOYER, C.J.

I

{¶ 1} This appeal requires us to determine whether the residue of a testamentary trust passing through intestate succession belongs to the settlor's heirs living at the time of the settlor's death or the settlor's heirs living at the time of the trust beneficiary's death. For the following reasons, we hold that the residuary estate of a testamentary trust belongs to the settlor's heirs living at the time of the...

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