Stevens v. Radey

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 settlor’s death.

II

{¶ 2} Andrea Sangrik was the only child of Andrew and Helen Sangrik. She never married and had no children. After Helen’s death, Andrea executed a will in 1993,…