Painter v. Painter
Ohio Supreme Court
This is a bill in chancery reserved in Richland county. The bill alleges that the complainant is a son, and one of the heirs, of Jacob Painter, late of said county, deceased; that on the 20th of December, 1835, said Jacob, his father, made his last will and testament, the items of which, so far as they affect the construction of the will, are as follows : “ Item 1st. I give and bequeath to my beloved wife, Christiana Painter, the third of my estate during her widowhood^ but…
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This is a bill in chancery reserved in Richland county. The bill alleges that the complainant is a son, and one of the heirs, of Jacob Painter, late of said county, deceased; that on the 20th of December, 1835, said Jacob, his father, made his last will and testament, the items of which, so far as they affect the construction of the will, are as follows : “ Item 1st. I give and bequeath to my beloved wife, Christiana Painter, the third of my estate during her widowhood^ but if, after my death, she should marry another, then in that ■case her third is cut off. “ Item 2d. I devise that all my…
1Opinion of the CourtAvert, J.
We shall assume it to be a fact in the case, that the land which had been given to the complainant, was sold by his father to a third person, before the date of the will. This is probably in accordance with the true state of facts, but Avhether so or not, the bill does not give the time of the date, nor show by necessary averments, that the land belonged to the complainant when the will was executed. No argument, therefore, which might be drawn from a different state of facts, can be made applicable to the question arising upon the demurrer. That question is, whether the bill makes a case for…
2Cases cited1 opinion
- Herman v. BrookerhoffSupreme Court of Pennsylvania · 1839
3Cited by95 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
- Dobbins v. Los AngelesSupreme Court of the United States · 1904
- Goodson v. McDonough Power Equipment, Inc.Ohio Supreme Court · 1983
- Ewing v. State Ex Rel. PollardTexas Supreme Court · 1891
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