Bowen v. Bowen
Ohio Supreme Court
Error to the District Court of Washington county. Charles Bowen died, owning a large estate, principally personal property.
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Error to the District Court of Washington county. Charles Bowen died, owning a large estate, principally personal property. He made a will whereby, after several bequests to relatives and friends named, he provided as follows : “ After my decease and all debts and expenses are paid, and all of the above bequests are paid off, I empower my executors to dispose of any remainder at their discretion; and as I owe no debts save those of love and gratitude to my friends I authorize my executors to settle and compound with my debtors as in their judgment shall seem for the best of all concerned. I…
1Opinion of the CourtLongworth, J.
If we concede, for the purposes of this decision, that all proper parties are before this court, within time, we are still unable to see that the plaintiffs were entitled to any equitable relief in the court below. If Charles Bowen died intestate as respects his residuary estate, as claimed by plaintiffs, their rights are those of distributees or next of kin, and for the purposes of this discussion we may treat the will as though it contained no such clause as that above quoted.
The plaintiffs would be entitled to their respective distributive shares upon final settlement of the estate, and…
2Cases cited1 opinion
- Corry v. FlemingOhio Supreme Court · 1876