Third National Bank & Trust Co. v. Clendening

Ohio’s anti-lapse statute, Section 2107.52, Revised Code, provides in part as follows: “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 will was made, or died thereafter, leaving issue surviving the testator, such issue shall take the estate devised as the devisee would have done if he had survived the testator ...” The sole question in this case is whether a grandchild of a relative of testator comes within the term “issue” as used in the above quoted statute.

In this case the testatrix, Josephine Croninger, in 1949…