Geiger v. Bitzer
Ohio Supreme Court
Error to the Circuit Court of Huron county. The facts are stated m the opinion. The Bitzer conversion was made for one sole purpose, to make a more easy division of the estate among his children, and the doctrine will not be extended in its operation beyond such purpose. . 9 Cyc., 839; Hilton v. Hilton, 2 McArthur, 70; Miller v. Miller, 42 Md., 631; Wood v. Keyes, 8 Paige Ch., 365; Cronise v. Hardt, 47 Md., 433; Cook v. Cook, 20 N. J. Eq., 375; Winants v. Terhune, 15 N. J.…
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Error to the Circuit Court of Huron county. The facts are stated m the opinion. The Bitzer conversion was made for one sole purpose, to make a more easy division of the estate among his children, and the doctrine will not be extended in its operation beyond such purpose. . 9 Cyc., 839; Hilton v. Hilton, 2 McArthur, 70; Miller v. Miller, 42 Md., 631; Wood v. Keyes, 8 Paige Ch., 365; Cronise v. Hardt, 47 Md., 433; Cook v. Cook, 20 N. J. Eq., 375; Winants v. Terhune, 15 N. J. Eq., 185; Wilson v. Hamilton, 9 Serg. & R., 424; Burr v. Sim, 1 Whart, 252; James v.. Hanks, 202 111., 114, 66 N. E.…
1DissentDavis, J.
The will of Bitzer contained the following provisions, which are all that are material in the consideration of this case, viz: “First. My will is, that all my just debts and funeral expenses shall be paid out of my estate, as soon after my decease as shall be found convenient.
“Second. I give, devise and bequeath to my wife, Lizzie H. Bitzer, such portion of my estate, should she survive me, as she may be entitled to under the- lazos and statute of the state of Ohio. Should she not survive me, then it is my will that no part of my estate shall go to her, her heirs, nor to her devisees.
“Third.…
2Cases cited6 opinions
- Craig v. LeslieSupreme Court of the United States · 1818
- Harrington v. PierWisconsin Supreme Court · 1900
- Given v. HiltonSupreme Court of the United States · 1877
- Morrow ex rel. Isett v. BrenizerSupreme Court of Pennsylvania · 1828
- Burr v. SimSupreme Court of Pennsylvania · 1836
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