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CHURCH v. MORGAN 685 N.E.2d 809 (Ohio Ct. App. 1996) HARSHA, J. [The testator, Minnie Lacy, devised the money in a specific savings account to Spring Fleming and the residue to Ellene Cobbs. At the moment Ms. Lacy executed herwill on February 27, 1995, there was $94, 108.25 in savings account number 72424 at the Belpre Savings Bank. Lacy had been taken to her attorney's office that day to sign her will by her long-time friend, accountant Samuel Church, who held a power of attomey. Although this will also named Church as the eventual executor of Ms. Lacy's estate, he had no knowledge of the specific dispositions in Lacy's will until after her death approximately two and one-half months later. During the return drive home after she signed the will, Church mentioned to Ms. Lacy that she should consider transferring money from her lower yielding savings accounts to higher yielding certificates of deposit. Lacy agreed and they drove to the bank, and she withdrew the money from savings account number 72424, and purchased certificate of deposit number 53029825 with the money. After he read the will following Lacy's death, Church asked the court to construe the will and determine if the devise to Fleming had been adeemed.] Only when the express language of the will creates doubt as to its meaning may the court consider extrinsic evidence to determine the testator's intent. Unfortunately for Ms. Fleming, the words of Ms. Lacy's will clearly and unambiguously express her testamentary intent about the disposition of her estate. The second provision of her will enumerates several specific bequests to Ms. Fleming, testator's niece, one of which states "I give, devise and bequeath to SPRING FLEMING, ... all funds located in thefollowing account ... Savings Account #72424, in my name at Belpre Savings Bank, of Belpre, Ohio." Since the express language contained within the four comers of this will creates no doubt as to its meaning, neither the lower court nor this court, may consider any extrinsic evidence to determine Ms. Lacy's intent. At the time of testator's death, savings account number 72424, in Ms. Lacy's name at Belpre Savings Bank in Belpre, Ohio, contained $4,108.25 plus interest. Pursuant to the express terms of the specific be quest cited above, appellee is thereby entitled to receive $4, 108.25 plus interest from savings account number 72424. ... [The executor has submitted extrinsic evidence that $90,000 was withdrawn from that account, literally within hours of the execution of the will, to fund a certificate of deposit at a higher rate of interest. Even though such extrinsic evidence might indicate that Ms. Lacy intended the $90,000 to remain part of Ms. Fleming's specific bequest, we are nevertheless bound to ignore such evidence and construe the terms of the will as written by the testator. To do otherwise would result in this court rewriting the testator's will .. . The express terms of the will are unambiguous. It is only by introducing the extrinsic evidence of the substantial transfer of funds on the day the will was executed that testator's intent may appear unclear. However, our independent examination of the will discloses no basis upon which to justify a consideration of the extrinsic evidence admitted by the lower court. This is especially true in light of the continued existence of account number 72424 at the time of death. Therefore, we hold that the will of Minnie Frances Lacy, on its face, clearly and unambiguously expresses her testamentary intentions. Any reference to the extrinsic evidence submitted by the executor in this case is unnecessary and cannot be permitted. As a result, the lower court erred in its admission and consideration of the extrinsic evidence in order to determine testator's intentions. Accordingly, certificate of deposit number 53029825, which was not explicitly disposed of by the will, becomes part of the rest, residue and remainder of testator's estate and must, by law, pass to the residuary beneficiary, Ms. Cobbs. [Reversed and remanded.]