Richland Trust Co. v. Becvar

In the instant cause this court is called upon to review the construction placed upon the sentence “ [o]ne-seventh (l/7th) to Louise Hummel, per stirpes” in the residuary clause of the will of M. Elizabeth Hummel by the Court of Appeals.

*221Tbe function of the court in a will construction case is to determine and apply the testatrix’s intention, as expressed in the language of the whole will, read in the light of the circumstances surrounding its execution. Casey v. Gallagher (1967), 11 Ohio St. 2d 42, 46, 227 N. E. 2d 801.

The Court of Appeals found, and this court agrees, that M. Elizabeth…