Witteman v. Dunkle

The first question raised is whether a devise of “all * * * my real property” to named individuals represents a specific devise of that property to them within the meaning of Section 2113.38, Revised Code.

A specific devise may be defined as a devise of part or all of or an interest in some particular real estate described by the will so as to identify it from real estate generally. See In re Estate of Mellott (1954), 162 Ohio St. 113, 121 N. E. 2d 7, defining a specific legacy.

Also, it may be that a so-called demonstrative legacy will result in creating what amounts to a specific devise, as…