Legal Opinion

Stevens, Exr. v. Stevens

Ohio Supreme Court

Decided December 24, 1929No. 21684PublishedCited by 9 opinions

1Opinion of the CourtMatthias, J.

The sole question presented is whether under the terms of the provisions of this will the doctrine of acceleration of remainders has any application.

This doctrine is defined in 28 Euling Case Law, 334, as follows: ‘ ‘ The doctrine is one of interpretation, and proceeds on the supposition that though the ulterior devise is in terms not to take effect in possession until the decease of the prior devisee, yet, in point of fact, it is to be read as a limitation of a remainder, to take effect in every event which removes the prior estate out of the way. * * * The rule now under consideration, like…

2Cases cited1 opinion

  1. Flansberg v. Heywood Bros.Massachusetts Supreme Judicial Court · 1908

3Cited by9 opinions

  1. Davidson v. Miners & Mechanics Savings & Trust Co.Ohio Supreme Court · 1935
  2. Ohio National Bank v. AdairOhio Supreme Court · 1978
  3. Aberg v. First National Bank in DallasCourt of Appeals of Texas · 1970
  4. Trustees of Kenyon College v. Cleveland Trust Co.Ohio Supreme Court · 1935
  5. Bross v. BrossSupreme Court of Florida · 1936

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