Dollar Savings & Trust Co. v. Turner

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 agreements. It provides:

“When a devise of real or personal estate is made to a relative of a testator and such relative was dead at the time the…