Legal Opinion

Armstrong v. Miller

Ohio Supreme Court

Decided December 15, 1833PublishedCited by 1 opinion

This cause was adjourned fpr decision from Hamilton county. It was a bill in' chancery, for an account. The complainants claimed, as heirs at law of Francis Innis, deceased, certain moneys received by the respondent, as guardian of F. Innis, upon a sale of lands made by order of court, in the lifetime of Innis, who died ,a minor. The ease was this: F. Innis inherited lands from his father.

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This cause was adjourned fpr decision from Hamilton county. It was a bill in' chancery, for an account. The complainants claimed, as heirs at law of Francis Innis, deceased, certain moneys received by the respondent, as guardian of F. Innis, upon a sale of lands made by order of court, in the lifetime of Innis, who died ,a minor. The ease was this: F. Innis inherited lands from his father. The defendant was appointed his guardian, and applied and obtained an order of court to sell a portion of these lands for 119] the support and education of his ward. *The moneys in his hands arose from this…

1Opinion of the Court

Judge Lane

delivered the opinion of the court:

The statute that regulates the distribution of this estate is found in 16 Ohio L. 36. It provides that if the title to an estate shall have come to the intestate by descent, devise, or deed of gift from an ancestor it shall descend:

1. To his children.

2. To the brothers and sisters of the intestate who may be of the blood of the ancestor from whom the estate came.

3. To the ancestor, if living.

4. To the brothers and sisters of that ancestor.

*But if the estate came not by descent, devise, or deed of [124; *128gift from an ancestor, but was acquired by…

2Cited by1 opinion

  1. Axtell v. WardenNebraska Supreme Court · 1878

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