Oliver v. Bank One, Dayton, N.A.

The issue in this case, as framed by the trial court, is "* * * whether legacies to legatees not related by blood to the testator who predeceased the testator, lapse or pass to their issue * * * pursuant to R.C. [2U07.52 or otherwise." The trial court found that because the bequests in question were made to persons who were not blood relatives of the testator, the bequests failed and became part of the residue of the estate, absent any language that could save the bequests. Defendant-appellant Charles D. Hopper argues that the trial court erred by failing to construe the will and find the…