Legal Opinion

Kroff v. Amrhein

Ohio Supreme Court

Decided May 29, 1916No. 14997PublishedCited by 25 opinions

Error to the Court of Appeals of Lucas county.. In November, 1876, Simon and Otilley Fear-settle legally adopted Mattie Stein, afterwards known as Mattie Fearsettle. Mattie Fearsettle married one Fred Hamley. In February, 1912, Mattie (Fearsettle) Hamley died, intestate, leaving surviving her daughter, Hester Hamley; her husband, Fred Hamley, and her foster parents, Simon and Otilley Fearsettle. Thereafter Hester Hamley married Norman G. Amrhein, defendant in error.

Read the full summary

Error to the Court of Appeals of Lucas county.. In November, 1876, Simon and Otilley Fear-settle legally adopted Mattie Stein, afterwards known as Mattie Fearsettle. Mattie Fearsettle married one Fred Hamley. In February, 1912, Mattie (Fearsettle) Hamley died, intestate, leaving surviving her daughter, Hester Hamley; her husband, Fred Hamley, and her foster parents, Simon and Otilley Fearsettle. Thereafter Hester Hamley married Norman G. Amrhein, defendant in error. In June, 1914, Otilley Fearsettle died, intestate, «and in August, 1914, Simon Fearsettle died, intestate, possessing fee simple…

1Opinion of the Court

Wanamaiíer, J.

A and B are husband and wife, but childless. Pursuant to the laws of Ohio they adopt one C as their daughter. C subsequently marries D and has issue in a daughter, E. E marries F.' C’s decease is prior to A’s and B’s. A and B die in 1914, intestate. In 1915 E dies testate, willing all her property, including real estate from A and B, to her husband, F. Does F thereby take any title to A’s and B’s lands? The lower courts decided in favor of F. To reverse that judgment error is prosecuted here.

The answer to this question must be found in our statutes of adoption and descent.…

2Cited by25 opinions

  1. Ass'n for Defense of Washington Local School District v. KigerOhio Supreme Court · 1989
  2. Cochrel v. RobinsonOhio Supreme Court · 1925
  3. Moralee v. CadwellWyoming Supreme Court · 1920
  4. Brooks v. Ohio State UniversityOhio Court of Appeals · 1996
  5. Bourne v. DorneyAppellate Division of the Supreme Court of the State of New York · 1918

20 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API