Parker v. Parker's Administrator
Ohio Supreme Court
Error to the court of common pleas of Richland county Reserved in the district court. On the 26th of December, 1857, Jacob Parker made his last will and testament, which reads as follows: “ I, Jacob Parker, of Mansfield, Ohio, being of sound mind and memory, and being desirous of disposing of my earthly property, do hereby make, ordain, publish and declare solemnly the following to be my last will and testament: “Item 1. I hereby order and direct all my just debts, expenses…
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Error to the court of common pleas of Richland county Reserved in the district court. On the 26th of December, 1857, Jacob Parker made his last will and testament, which reads as follows: “ I, Jacob Parker, of Mansfield, Ohio, being of sound mind and memory, and being desirous of disposing of my earthly property, do hereby make, ordain, publish and declare solemnly the following to be my last will and testament: “Item 1. I hereby order and direct all my just debts, expenses of my last sickness, funeral expenses, including a decent grave-stone, to be a charge on my real as well as my personal…
1Opinion of the Court
Sutlifp, 0. J.
The will is sufficiently clear and explicit in its terms, to require no judicial construction, if there be omitted, in the reading, the latter part of the last item. Indeed, all of item eleven might have been entirely omitted by the testator,, without impairing the apparent completeness of the instrument.
But item eleven, however apparently inconsonant with other parts of the will, constitutes part of it, and is entitled to all the respect that any other item is, as part of the whole instrument, from which, when read altogether, the meaning of the testator is to be ascertained.
By…
2Cited by6 opinions
- Borgmann v. BorgmannOhio Court of Appeals · 1922
- Clark v. ClarkOhio Court of Appeals · 1920
- Blair v. BrownOhio Court of Appeals · 1942
- Robbins v. SmithOhio Circuit Courts · 1903
- Sadler v. SadlerOhio Court of Appeals · 1915
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