Legal Opinion

McGee v. Sigmund

Ohio Supreme Court

Decided February 19, 1924No. 17931PublishedCited by 3 opinions

Error to the Court of Appeals of Highland county. The plaintiff in error filed her petition against the defendant in error in the common pleas court of Highland county, averring that on the 15th day of August, 1921, and prior thereto, Anthony Sigmund and Elizabeth Sigmund were husband and wife; that on that date Anthony and Elizabeth Sigmund entered into a written agreement, signed by the parties thereto in presence of witnesses, by the terms of which they agreed upon an…

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Error to the Court of Appeals of Highland county. The plaintiff in error filed her petition against the defendant in error in the common pleas court of Highland county, averring that on the 15th day of August, 1921, and prior thereto, Anthony Sigmund and Elizabeth Sigmund were husband and wife; that on that date Anthony and Elizabeth Sigmund entered into a written agreement, signed by the parties thereto in presence of witnesses, by the terms of which they agreed upon an immediate separation as husband and wife, which written agreement contained an assignment by Anthony Sigmund to Elizabeth…

1Opinion of the CourtRobinson, J.

While the contract covers the subject of support, dower, inheritance, distribution, allowance for year’s support, a right to remain in the mansion house, and all other rights or claims whatsoever, whether now owned or hereafter to be acquired, that portion of the contract which relates to the right of the husband to inherit the real estate of his deceased wife is the only portion of the contract involved in this cause, and it may be here conceded that the terms of the contract are sufficiently comprehensive to exclude the husband from inheriting the real estate in controversy in this cause if…

2Cited by3 opinions

  1. Hoagland v. HoaglandOhio Supreme Court · 1925
  2. In re Estate of Lackman, Court of Common Pleas of Ohio, Hamilton County1927
  3. Hoagland v. HoaglandOhio Supreme Court · 1925

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