Ireland v. Cleveland Trust Co.

OPINION

By KINDER, J.

In this action the executor seeks by way of declaratory judgment an interpretation of §2107.06 R. C., which invalidates under certain conditions gifts, devises or bequests for charitable purposes, contained in a will where the testatrix dies within a year of the date of execution thereof. The question arises on the expressed willingness of the sole heir-at-law, who is the direct descendant of the testatrix and the residuary legatee under the will, to commit himself to waive the benefits of this statute if, under its provisions, such waiver or disclaimer shall be legally…