Corry v. Fleming
Ohio Supreme Court
Error to the Common Pleas of Greene county ; reserved in the District Court. The original petition was filed by E. C. Fleming and his wife, Rachel Fleming, to obtain from the court a construction of the last will and testament of Matthew Corry, deceased, the father of said Rachel.
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Error to the Common Pleas of Greene county ; reserved in the District Court. The original petition was filed by E. C. Fleming and his wife, Rachel Fleming, to obtain from the court a construction of the last will and testament of Matthew Corry, deceased, the father of said Rachel. At the date of the will, which was some eight years preceding the testator’s death, hé was the owner of real estate situate partly in Ohio and partly in Iowa, and also the owner of some personal property: By his will he gave one-third of his entire estate to his wife for life, and, subject to this life interest,…
1Opinion of the CourtWelch, C. J.
We think the court erred in overruling the demurrer to this petition. It makes no case for eliciting the opinion of the court upon the construction of the will. It is only in cases where a trust is involved, or where the duty of an executor, administrator, or other trustee is of uncertain nature, requiring the guidance or direction of the court, that the court can be called upon merely to give its opinion as to the true construction of a will. The plaintiffs do not state that they are in possession of the lot, and ask to have the title quieted. They do not complain that they are kept out of…
2Cited by8 opinions
- Crowley, Admr. v. CrowleyOhio Supreme Court · 1931
- Snyder, Trustee v. HeffnerOhio Court of Appeals · 1929
- Wintermute v. HeinlySupreme Court of Iowa · 1890
- Bantz v. RoverOhio Circuit Courts · 1911
- Bowen v. BowenOhio Supreme Court · 1882
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