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Wills--Adopted Child As "Issue" Within Meaning Of Anti-Lapse Statute, George A. Rinker

Michigan Law Review

Testatrix, by her will, left the residue of her estate to her two sisters, their heirs and assigns forever. Appellee, an adopted daughter of one sister who predeceased testatrix, claimed one half of the residue by substitution under the Ohio anti-lapse statute. Held, an adopted child is "issue" within the meaning of the anti-lapse statute, which in terms provides that issue of a predeceased devisee will take. Appellee takes by substitution for her adoptive mother. Flynn v. Bredbeck, (Ohio 1946) 68 N.K (2d) 75.