Gibson v. McNeely
Ohio Supreme Court
Error to the superior court of Cincinnati. This was an action brought under the code, by Hugh Gibson and wife, in the superior court of Cincinnati, to recover the possession of the undivided half of certain real estate in Cincinnati. The case was reserved, upon an agreed statement of facts, for the decision of that court in general term.
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Error to the superior court of Cincinnati. This was an action brought under the code, by Hugh Gibson and wife, in the superior court of Cincinnati, to recover the possession of the undivided half of certain real estate in Cincinnati. The case was reserved, upon an agreed statement of facts, for the decision of that court in general term. The controversy arose, mainly, from a clause in the will of Samuel Stitt, which refers to the property in dispute, and reads thus: “ Sixthly. I do, also, hereby give and devise to the children of my sister, Nancy, for and during the term of their natural…
1DissentSutliee, J.
Mary Ann ■ Gibson was, at the time of the death of the testator, the only child of one of the three children of his sister, Nancy, mentioned in his will.
At the time of the making of the will, Mary Ann was in *139the 27th year of her age, and the only child of her mother, Nancy, the second of the three children of Nancy, the sister of the testator. The testator, Samuel Stitt, died in February, 1844, and his will was probated in this State, where made, in August, 1847. Nancy Wilson, the second, died in March, 1849, having never been married, and having no other child than Mary Ann, then in the…
2Cases cited3 opinions
- Jackson ex dem. Hall v. BurrNew York Supreme Court · 1812
- Roosevelt v. Heirs of FultonNew York Supreme Court · 1827
- Lessee of Little v. LakeOhio Supreme Court · 1838