Legal Opinion · Dissent

Herr v. Herr

Ohio Court of Appeals

Decided November 30, 1939No. 450Published

1DissentGeiger, J.

I find it necessary to dissent from the opinion of my associates. The main question is whether or not the grandchildren take per stirpes or per capita. If they take per stirpes, the one child of Daniel Lang takes a full 1/3 of the estate, the three children of Anna Boedeker each take 1/9 of the estate. the six children of Katie Lang Herr each take 1/18 of the estate. If, however, they take per capita and not per stirpes, then each grandchild takes 1/10 of the entire estate of Peter Lang. It will thus be seen.the question is of prime importance, considering the size of the estate.. Taking per…

2Cases cited2 opinions

  1. MacMahon v. MacMahonOhio Court of Appeals · 1925
  2. Ferguson v. GaskillOhio Court of Appeals · 1933

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