Webster v. Pittsburg, Cleveland & Toledo Railroad
Ohio Supreme Court
Error to the Circuit Court of Trumbull county. The plaintiffs in error are the heirs at law of Elizabeth Webster, who owned the premises concerned in this suit. She died intestate in 1872, leaving a husband, Alfred Webster, who took a life estate by curtesy in all the lands of which his wife died seized. He died in 1892, not having conveyed any part of his said estate to any person or corporation.
Read the full summary
Error to the Circuit Court of Trumbull county. The plaintiffs in error are the heirs at law of Elizabeth Webster, who owned the premises concerned in this suit. She died intestate in 1872, leaving a husband, Alfred Webster, who took a life estate by curtesy in all the lands of which his wife died seized. He died in 1892, not having conveyed any part of his said estate to any person or corporation. In the year 1882, and during the life of Alfred Webster, the life tenant, the defendant in error entered upon and took possession of said lands and constructed its railroad thereon, and has ever…
1Opinion of the CourtPrice, J.
The plaintiffs in error are the children and heirs at law of Elizabeth Webster, who died in the year 1872 seized in fee'simple of the lands involved in this proceeding. Alfred Webster, her husband, survived her, and under the statute then in operation, he became a tenant for life by curtesy in the entire premises. Pie died in the year 1892 and his life estate terminated. It was then that these heirs came into their own, and were entitled to enter upon and take possession of the estate in fee. Until the termination of the life estate no right of entry existed in the heirs, for the tenant by…
2Cases cited7 opinions
- Orthwein v. ThomasIllinois Supreme Court · 1889
- Carpenter v. DenoonOhio Supreme Court · 1876
- Wells v. PrinceMassachusetts Supreme Judicial Court · 1813
- Wallingford v. HearlMassachusetts Supreme Judicial Court · 1819
- Devyr v. . SchaeferNew York Court of Appeals · 1874
2 more not listed; retrieve them via the Exa API.