Reformed Presbyterian Church v. Nelson
Ohio Supreme Court
Error to the District Court of Muskingum county. The original petition was filed in the Court of Common. Pleas of Muskingum county, by William S. Nelson and •John Nelson, two of the heirs of Susannah Forsyth, deceased, to contest her last will and testament. The legatees, ■devisees, and executors named in the will were made defendants in the petition, as were also the other heirs of the testatrix, to wit: James Nelson, Sarah Nelson, and Mary Ann Nelson.
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Error to the District Court of Muskingum county. The original petition was filed in the Court of Common. Pleas of Muskingum county, by William S. Nelson and •John Nelson, two of the heirs of Susannah Forsyth, deceased, to contest her last will and testament. The legatees, ■devisees, and executors named in the will were made defendants in the petition, as were also the other heirs of the testatrix, to wit: James Nelson, Sarah Nelson, and Mary Ann Nelson. The will, among other bequests, gave to David Eorsvth the silver watch of the testatrix. After satisfying these bequests the residue of her…
1Opinion of the Court
"White, J.
1. There was no error, in onr opinion, in the-overruling of the motion of the executors to dismiss the appeal.
The statute provides that, the party desirous of appealing his cause, shall give an undertaking with one or more-sureties, to be approved by the clerk of the court, or anyjudge thereof, in the penalty and with the conditions therein-provided. S. & C. 1163. The undertaking is to be made “payable to the adverse party, or otherwise, as may be-directed by the court, where the conflicting interests of the parties require it.” Ibid. 1165.
In the present case, two of the defendants,…
2Cases cited4 opinions
- Shields v. BarrowSupreme Court of the United States · 1855
- McMaken v. McMakenSupreme Court of Alabama · 1851
- Rogers v. ThomasCourt of Appeals of Kentucky · 1841
- Vancleave v. BeamCourt of Appeals of Kentucky · 1834