William v. Beck
Ohio Supreme Court
These cases were reserved in Fairfield county. The first is a Bill in Chancery, to compel the administrator of 391] Christian to convey certain bank stock. *Thc second is a Petition, by the administrator of O. King, to sell lands.
Read the full summary
These cases were reserved in Fairfield county. The first is a Bill in Chancery, to compel the administrator of 391] Christian to convey certain bank stock. *Thc second is a Petition, by the administrator of O. King, to sell lands. Both depend upon the construction and effect of the following clause of William King’s will: “ If it so please Grod that, at the time of my decease, I should die without any lawful heir or heirs, born in wedlock, in such case I will and bequeath all the property I may be possessed of before my decease, to my brother Christian, without any reservation, to be used by…
1Opinion of the CourtLane, C. J.
This will, reduced to its simplest terms, contains the following provisions:
1. A devise of real and personal property to Christian King ;
2. After his death, to the heirs of his body ;
3. But if he die leaving no heirs of his body, then to be divided equally among his sisters’ children.
If Christian took an estate in fee, the lands descended to his heirs general, charged with his debts, and the personalty belongs to the administrator.
*472If he took an estate-tail, the land at his death, by our statute of entailmenb, (Swan’s Stat. 319,) belongs to the heirs of his body in fee, 471] and the…
2Cited by2 opinions
- Garrison v. PeopleNebraska Supreme Court · 1877
- Opinion No. 69-317 (1970) Ag, Oklahoma Attorney General Reports1970