Behrens v. Behrens
Ohio Supreme Court
Error to the Circuit Court of Defiance county. The original action was commenced in the Court of Common Pleas of Defiance county, by the plaintiffs in error, Henry Behrens, Frederick Behrens, and John Knape, administrator of Daniel Behrens, deceased, against the defendant in error, George Behrens, to contest the validity of & lost or destroyed will alleged to have been made by Daniel Behrens, the father of the contestants, Henry Behrens and Frederick Behrens, and of the…
Read the full summary
Error to the Circuit Court of Defiance county. The original action was commenced in the Court of Common Pleas of Defiance county, by the plaintiffs in error, Henry Behrens, Frederick Behrens, and John Knape, administrator of Daniel Behrens, deceased, against the defendant in error, George Behrens, to contest the validity of & lost or destroyed will alleged to have been made by Daniel Behrens, the father of the contestants, Henry Behrens and Frederick Behrens, and of the contestee George Behrens, and to have been destroyed after bis death, and which was. by the Probate Court of Defiance county…
1Opinion of the Court
Digerían, J.
It is conceded that Daniel Behrens, on the 31st day of October, 1882, made and executed in due form of law his last will and testament. On the 28th day of November, 1884, he died leaving real and personal property, and as his heirs at law, Frederick Behrens and Henry Behrens, the plaintiffs herein, and George Behrens, the defendant, his only sons. After his decease, it was discovered that his will had been lost or destroyed, and the question arose, whether the will was lost or destroyed prior or subsequent to the death of the testator, and if before his death, whether or not it…
2Cases cited11 opinions
- Collyer v. . CollyerNew York Court of Appeals · 1888
- Betts v. Jackson ex dem. BrownCourt for the Trial of Impeachments and Correction of Errors · 1830
- Tynan v. PaschalTexas Supreme Court · 1863
- Patterson v. HickeySupreme Court of Georgia · 1861
- In re WillSupreme Court of Connecticut · 1873
6 more not listed; retrieve them via the Exa API.