Antilapse Statute Does Not Apply To Children of Deceased Class Member

Castillo v. Ott, 6th Dist. Case No. L-14-1248, 2015-Ohio-90528. Pursuant to his will, the estate was to be divided among the decedent's children "share and share alike, absolutely and in fee simple." One of the decedent's children, however, had predeceased the decedent and the estate's attorney informed the children of the deceased child that they would not receive their father's share of the estate because it had lapsed upon his death. The children filed a declaratory-judgment action to determine whether the antilapse statute would prevent the lapse. The appellate court upheld the trial court granting a motion to dismiss the declaratory-judgment action because a class devise to one's children is not entitled to the antilapse protection afforded pursuant to the statute. Accordingly, the estate was divided equally among the decedent's living children.