Overturf v. Dugan
Ohio Supreme Court
Motion for leave to file petition in error to reverse the judgment of the District Court of Scioto county. The facts necessary to an understanding of the controversy in this case are as follows: Thomas Dugan died intestate on the 18th of November, 1873, leaving two children, James and Fannie (the latter intermarried with James Adams), his only heirs, and a widow, Davina, since intermarried to Elias Ware.
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Motion for leave to file petition in error to reverse the judgment of the District Court of Scioto county. The facts necessary to an understanding of the controversy in this case are as follows: Thomas Dugan died intestate on the 18th of November, 1873, leaving two children, James and Fannie (the latter intermarried with James Adams), his only heirs, and a widow, Davina, since intermarried to Elias Ware. The plaintiff in error was appointed his administrator on the-24th of November, 1873. The entire estate of the deceased amounted in the aggregate to about $280,000, of which amount $175,000…
1Opinion of the CourtGilmore, J.
There is no controversy as to the facts in the case; they are admitted to be as stated in the pleadings.
"The intestate having died in the month of November, 1873, there is no question made as to the right of the ad- . ministrator to take, as assets, the emblements or crops growing upon the lands for the then current year, viz.: from March 1, 1873, to March 1, 1874.
But the real estate of the intestate not having been sold, the controversy relates to the accruing rents for the succeeding year, i. e. from March 1, 1874, to March 1, 1875.
On the part of the administrator, it is claimed that on the…
2Cited by9 opinions
- Thomas v. BauschlingerOhio Court of Appeals · 2015
- Chapman v. Federal Land Bank of Louisville, Ky.Court of Appeals for the Sixth Circuit · 1941
- Herron v. ComstockCourt of Appeals for the Sixth Circuit · 1905
- In re Estate of GambleHamilton County Probate Court · 1966
- Dye v. Dimick, Court of Common Pleas of Ohio, Hamilton County1897
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