Bigelow v. Barr
Ohio Supreme Court
This was a bill in chancery, to establish an equitable life estate in the complainant, Maria Bigelow; and was reserved from the county of Hamilton. William Barr, Sen., died in May, 1816, having made his last will, devising one hundred and sixty acres of land near Cincinnati, to the defendants, William Barr, James Keys, and John B. Ennes, his executors, upon the following trusts: “First.
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This was a bill in chancery, to establish an equitable life estate in the complainant, Maria Bigelow; and was reserved from the county of Hamilton. William Barr, Sen., died in May, 1816, having made his last will, devising one hundred and sixty acres of land near Cincinnati, to the defendants, William Barr, James Keys, and John B. Ennes, his executors, upon the following trusts: “First. For the use of my son, John M. Barr, during his natural life, but nevertheless to permit and suffer my son, John M. Barr, to hold, use, occupy, possess, and enjoy the same, and to receive and take the rents…
1Opinion of the Court
Opinion of the court, by
Judge Brush:
The object of the bill is to establish the right of the wife, Maria Bigelow, to the use and possession of a farm of one hundred and sixty acres of land, lying in Hamilton county, by virtue of the will of William Barr, Sen., deceased, for and during her natural life; and to enjoin further proceeding at law upon a judgment in forcible detainer obtained against the tenants of complainants. The clause in the will relied upon reads thus: “ And in case my said son, John M. Barr, should die, leaving a legitimate child or children, then also in trust for Maria…
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