Baker v. Baker
Ohio Supreme Court
Error to the Circuit Court of Fairfield county. On June 19, 1883, Elias T. Baker, of Amanda township, in the county of Fairfield, Ohio, executed his last will and testament. The tenth and last item, and the attestation clause of the paper writing purporting to be such last will and testament, with certain words written thereon under the names of the attesting witnesses, read as follows: “Tenth Item.
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Error to the Circuit Court of Fairfield county. On June 19, 1883, Elias T. Baker, of Amanda township, in the county of Fairfield, Ohio, executed his last will and testament. The tenth and last item, and the attestation clause of the paper writing purporting to be such last will and testament, with certain words written thereon under the names of the attesting witnesses, read as follows: “Tenth Item. In testimony whereof, I, the above named Elias T. Baker, have hereunto set my hand and seal this 19th day of June, A. D. 1883, one thousand eight hundred and eighty three. Elias Thomas Baker,…
1Opinion of the CourtDickman, C. J.
Upon exception to a portion of the charge of the court as given to the jury and the refusal of the court to give certain instructions to the jury as requested, the question arises, was the last will and testament of Elias T. Baker executed in accordance with statutory requirement? It is provided by section 5916 of the Revised Statutes of Ohio that: -“Every last will and testament (except nuncupative wills hereafter provided for), shall be in writing, and sig'ned at the end thereof by the party making the same, or by some other person in his presence and by his express direction. ” A similar…
2Cases cited2 opinions
- Reed v. EvansOhio Supreme Court · 1848
- Brady v. McCrossonNew York Surrogate's Court · 1881