Legal Opinion

Wheatcraft v. Hall

Ohio Supreme Court

Decided November 28, 1922No. 16947Published

Error to the Court of Appeals of Miami county. On Eehearing. James McClurg executed his will on the 27th day of February, 1876. The will was filed for probate on the 9th day of September, 1876. The second item of the will reads: “It is my will that my wife, Jane McClurg, shall have the one-third of the proceeds of the farm upon which we now reside in Elizabeth Township, County and State aforesaid, containing one hundred acres, to have and to hold her natural lifetime, also…

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Error to the Court of Appeals of Miami county. On Eehearing. James McClurg executed his will on the 27th day of February, 1876. The will was filed for probate on the 9th day of September, 1876. The second item of the will reads: “It is my will that my wife, Jane McClurg, shall have the one-third of the proceeds of the farm upon which we now reside in Elizabeth Township, County and State aforesaid, containing one hundred acres, to have and to hold her natural lifetime, also to have her residence in the house on said premises, to have and to hold as a residence during her lifetime also one cow…

1Opinion of the CourtJones, J.

The ancestor, James McClurg, executed his will February 27, 1876, and died the following September. At the time of the execution of the will he had three sons living, and one daughter deceased, leaving four minor children. After making provision for his wife, and for the payment of debts, James McClurg made the will in question, devising his whole farm to his son William upon the condition that he pay one thousand *24dollars to each of his two brothers and one thousand dollars in the aggregate to the four minor children of his deceased sister. William McClurg’s wife, Bachel, died February 1,…

2Cases cited2 opinions

  1. Kinney v. GlasgowSupreme Court of Pennsylvania · 1866
  2. Hostetler v. PetersOhio Supreme Court · 1916

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