Bailey v. Bailey
Ohio Supreme Court
This is a' suit in chancery. The case made in the bill is this: On March 9, 1828, Thomas M, Bailey, the father of the complainant, then, and up to the time of his death, residing in the county, of Accomac, and State of Virginia, made his last will according to the laws of that state; the same being in his own handwriting and without witnesses.
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This is a' suit in chancery. The case made in the bill is this: On March 9, 1828, Thomas M, Bailey, the father of the complainant, then, and up to the time of his death, residing in the county, of Accomac, and State of Virginia, made his last will according to the laws of that state; the same being in his own handwriting and without witnesses. Having so made his will, he survived until January 7, 1834, when he died; and on the 27th of the same month the said will was duly admitted to probate, in the county court for said county of Accomac; and at the May term, 1835, of the common pleas of…
1Opinion of the CourtHitchcock, J.
This is a case of much importance to the parties interested; and in coming to a conclusion with respect to it we have found much *246difficulty. Its decision depends upon the construction of the statute of February 18, 1831, relating to wills (29 Ohio L. 242), in which there is no little of obscurity. It was argued at thelast term of the court, and an opinion expressed. Upon *the solicitation of counsel a rehearing was ordered, and we have again given it a careful examination.
It is a principle which can not be controverted, that the transfer of land, whether by deed or by last will and testament,…
2Cited by6 opinions
- Manuel v. ManuelOhio Supreme Court · 1862
- Voorhees v. CombsSupreme Court of New Jersey · 1869
- In re Estate of CrowMontgomery County Probate Court · 1940
- In re Estate of GouldHamilton County Probate Court · 1956
- Peau v. MoseleyOhio Supreme Court · 1966
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