Background

• Thomas Henderson appeals a probate court decision denying his declaratory-judgment action about Ralph Henderson's residuary estate and testamentary trust.
• Ralph Henderson died August 10, 2010; his will (2007) devised half of the residuary to Beth Ann and half to Thomas in trust, with Beth outright.
• Jean Henderson, Ralph's wife and executrix, survived Ralph and is not Thomas's or Beth's mother.
• Thomas argued the residuary would pass intestate if Jean survived Ralph, so not subject to the trust.
• The probate court found Ralph intended the residuary to pass equally to Beth (outright) and to Thomas (subject to the trust).
• Thomas appeals raising a single assignment of error: the trial court erred in construing the will's residuary clause.

Issues

Key Cases Cited

• Stevens v. National City Bank, 45 Ohio St.3d 276 (Ohio 1989) (will construction focused on testator's intent from the document as a whole)
• Casey v. Gallagher, 11 Ohio St.2d 42 (Ohio 1967) (use express language to ascertain testator's intent)
• Wendell v. AmeriTrust Co., 69 Ohio St.3d 74 (Ohio 1994) (intestacy and avoid destruction of will; respect testator's plan)
• Tax Comm'n of Ohio v. Oswald, 109 Ohio St. 36 (Ohio 1923) (prefer to give effect to entire instrument and avoid intestacy where possible)