Curtis v. Edsell

Citations

• 253 N.E.3d 634
• 2024 Ohio 3420

Syllabus

Decedent's son appeals from the probate court's grant of summary judgment in favor of decedent's grandchildren (son's nieces and nephew) and the denial of his motion for judgment on the pleadings on their claims regarding the interpretation of decedent's trust. The probate court correctly found that son's ability to sell residential property in which he was granted a life estate was not unlimited, but it erred in concluding that he could only sell his life tenancy. The probate court correctly determined that grandchildren were beneficiaries of decedent's trust with respect to the residential property but erred in concluding that they were vested beneficiaries under R.C. 5808.19, the trust antilapse statute, grandchildren's remainder interest was contingent upon surviving the termination of the life estate by 120 days. Judgment affirmed in part and reversed in part.