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

This is a will construction case in which we must determine the disposition of certain bequests to beneficiaries who predeceased the testator.

Because both the appellants and the appellees address arguments in their briefs to the application of the anti-lapse statute in this case, we make the following observations. Under the common law a testamentary gift to a beneficiary who predeceased the testator lapsed even if the beneficiary was related to the testator by blood. Today there are two ways to avoid the lapse of a bequest when the beneficiary predeceases the testator. One is through the…