Sears v. Sears
Ohio Supreme Court
Error to the Circuit Court of Cuyahoga County. On the 6th day of June, 1903, Arminda S. Nicholson, of Lakewood, Cuyahoga County, Ohio, wrote her last will and testament on a printed blank form of will. Following the last item of the will is a blank space the full width of the paper and about six inches in length.
Read the full summary
Error to the Circuit Court of Cuyahoga County. On the 6th day of June, 1903, Arminda S. Nicholson, of Lakewood, Cuyahoga County, Ohio, wrote her last will and testament on a printed blank form of will. Following the last item of the will is a blank space the full width of the paper and about six inches in length. Following this blank space is a printed blank testimonium clause, as follows: In testimony whereof, I have set my hand to this my last will and testament, at ......, this . . . day of ......, in the year of our Lord One Thousand .... Hundred and...... Then follows a blank line…
1Opinion of the CourtSummers, J.
In this state the right of disposing of property by will is given, and the manner of exercising it is prescribed by statute. The provisions of the Revised Statutes bearing upon the questions to be determined, may be briefly summarized as follows: Section 5914 prescribes who may make a will; Section 5916, providing how a will shall be executed, is as follows: “Every last will and testament (except nuncupative wills here*117inafter provided for) shall be in writing, and may be hand-written or typewritten; and such will shall be signed at the end thereof by the party making the same, or by some…
2Cases cited7 opinions
- In Re the Probate of the Will of O'NeilNew York Court of Appeals · 1883
- Sisters of Charity of St. Vincent De Paul v. KellyNew York Court of Appeals · 1876
- In Re the Probate of the Last Will & Testament of AndrewsNew York Court of Appeals · 1900
- In Re Proving the Last Will & Testament of ConwayNew York Court of Appeals · 1891
- In Re the Probate of the Alleged Will of WhitneyNew York Court of Appeals · 1897
2 more not listed; retrieve them via the Exa API.