Ohio National Bank v. Harris

Did Elizabeth, at the testator’s death, take a fee-simple title to the one-fifth interest in the home property, as the Court of Appeals held, or did her son David take a fee title thereto by way of executory devise at his mother’s death?

The journal entries disclose that the common pleas court held that the true intention and construction of the second and third clauses of item six of the will require that they should be construed as if they read: “In case any of testator’s children shall die at any time leaving issue, the share of the devisee went to the issue; and if any of them should die…