Young v. Surviving Executors of M'Intire
Ohio Supreme Court
This was a bill in chancery, brought to compel the assignment of thirty-five shares of stock in the Zanesville Canal and Manufacturing Company, which the complainants claim under the will' of John M’lntire, deceased.
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This was a bill in chancery, brought to compel the assignment of thirty-five shares of stock in the Zanesville Canal and Manufacturing Company, which the complainants claim under the will' of John M’lntire, deceased. The bill states that M’lntire in his-will devised to the complainant Sarah one-half of the personal property of which he should die possessed, except his clock, and directed that the personal property should be valued by three men chosen for that purpose by his executors ; and that the will further directed that the said Sarah should make choice of the same if she thought proper,…
1Opinion of the Court
By the Court :
The first clause of the will would doubtless be sufficient to vest the widow with one-half the canal stock, were there no other provisions in the will in direct repugnance to it. The stock is personal property, notwithstanding it is connected in some manner with the realty. But if we decree one-half this stock to the widow, we inevitably defeat what appears to have been the great and leading design and intention of the testator.
That it was not intended to comprehend the canal stock m the bequest of “personal property,” is manifest from almost *every part of the will. In the…
2Cited by2 opinions
- In re the final account of the executors of DonnerNew Jersey Superior Court Appellate Division · 1903
- Strevey v. WilliamsOhio Court of Appeals · 1941