Geiger v. Bitzer
Ohio Supreme Court
Error to the Circuit Court of Huron county. The facts are stated m the opinion. The Bitzer conversion was made for one sole purpose, to make a more easy division of the estate among his children, and the doctrine will not be extended in its operation beyond such purpose. . 9 Cyc., 839; Hilton v. Hilton, 2 McArthur, 70; Miller v. Miller, 42 Md., 631; Wood v. Keyes, 8 Paige Ch., 365; Cronise v. Hardt, 47 Md., 433; Cook v. Cook, 20 N. J. Eq., 375; Winants v. Terhune, 15 N. J.…
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Error to the Circuit Court of Huron county. The facts are stated m the opinion. The Bitzer conversion was made for one sole purpose, to make a more easy division of the estate among his children, and the doctrine will not be extended in its operation beyond such purpose. . 9 Cyc., 839; Hilton v. Hilton, 2 McArthur, 70; Miller v. Miller, 42 Md., 631; Wood v. Keyes, 8 Paige Ch., 365; Cronise v. Hardt, 47 Md., 433; Cook v. Cook, 20 N. J. Eq., 375; Winants v. Terhune, 15 N. J. Eq., 185; Wilson v. Hamilton, 9 Serg. & R., 424; Burr v. Sim, 1 Whart, 252; James v.. Hanks, 202 111., 114, 66 N. E.…
1Opinion of the CourtSummers, J.
Gottlieb Bitzer by his last will, executed in 1894 and probated in 1904, devised and bequeathed to his widow such portion of his estate as she would be entitled to under the laws and statutes of Ohio, and subject to that *70provision for her and the payment of his debts •and funeral expenses, he directed his executor •to convert all of his property into money and to. divide the same equally between his five children. Within the year the widow was duly cited to appear before .the probate judge and to make her election whether she would take the provisions made for her in the will, or be endowed…
2Cases cited16 opinions
- Craig v. LeslieSupreme Court of the United States · 1818
- Matter of Estate of SwiftNew York Court of Appeals · 1893
- Harrington v. PierWisconsin Supreme Court · 1900
- Phelps' v. . PondNew York Court of Appeals · 1861
- Power v. . CassidyNew York Court of Appeals · 1880
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