Legal Opinion

Berndt Admr. v. Lusher

Ohio Court of Appeals

Decided April 6, 1931No. 500PublishedCited by 12 opinions

1Opinion of the Court

•RICHARDS, J.

It is well-settled under the provisions of the section cited that the sister of the deceased husband would have an interest only in the event that the widow died intestate without children or their legal representatives and in possession of the identical property which came to her from her husband, as was held in Guear, et al, v Stechschulte, Admr, et al, 119 Oh St 1, 8.

The doctrine of equitable conversion of real estate into personalty, or vice versa, has long been a well-recognized principle of the law. It is well stated in 9 Ohio Jurisprudence, 719, in the language of Lord…

2Cases cited1 opinion

  1. In Re Estate of DwyerCalifornia Supreme Court · 1911

3Cited by12 opinions

  1. Kern v. RobertsonMontana Supreme Court · 1932
  2. Lebrecht v. BeckettArizona Supreme Court · 1964
  3. Baraby v. SwordsOhio Court of Appeals · 2006
  4. In Re AppropriationOhio Court of Appeals · 1962
  5. Wood v. DonohueOhio Court of Appeals · 1999

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