Sergeant v. Steinberger
Ohio Supreme Court
This was a writ of error, brought to reverse a decree in chancery, dismissing the complainants’ bill, and was adjourned for decision from Pike county. The, bill was filed to obtain partition of certain lands, one-fifth, of which the complainants claimed in right of Mrs. Sergeant as heir at law to her mother.
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This was a writ of error, brought to reverse a decree in chancery, dismissing the complainants’ bill, and was adjourned for decision from Pike county. The, bill was filed to obtain partition of certain lands, one-fifth, of which the complainants claimed in right of Mrs. Sergeant as heir at law to her mother. The bill charged that D. M’Neil by his last will and testament, dated June 17, 1806, made the following devise: “I give and bequeath unto my daughter, Sarah, and unto her husband, Charles Steinberger, and their heirs and assigns forever, three hundred acres of land,” etc. That Steinberger…
1Opinion of the Court
By the Court :
It has more than once been decided, by the Supreme Court, on the circuit, that estates in joint tenancy do not exist under the laws of Ohio. The reasons which gave rise to this description of estate in England, never existed with us. The jus accreseendi is not founded in principles of natural justice, nor in any reasons of policy applicable to our society or institutions. But, on the contrary, it is adverse to the understandings, habits, and feelings of the people.
We have no statute recognizing the existence of any such principle as the right of suvivorship. But we have various…
2Cited by10 opinions
- Choman v. EpperleyWyoming Supreme Court · 1979
- Donvito v. CriswellOhio Court of Appeals · 1982
- Central National Bank v. FitzwilliamOhio Supreme Court · 1984
- Koster v. BoudreauxOhio Court of Appeals · 1982
- Schulze v. SchulzeUnited States Bankruptcy Court, S.D. Ohio · 1981
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