Polen v. Baker

I respectfully dissent from the majority decision holding that the residuary clause expresses an intention to provide per capita *570distribution to the surviving named beneficiaries and that R.C. 2107.52(B) is inapplicable. The law regarding the lapsing of testamentary gifts is well established, and the majority’s opinion does not comport with it.

R.C. 2107.52(B) provides that “[ujnless a contrary intention is manifested in the will, if a devise of real property or a bequest of personal property is made to a relative of a testator and the relative was dead at the time the will was made or dies…