Ellard v. Perris
Ohio Supreme Court
Error to the Court of Appeals of Hamilton county. Aaron A. Ferris, executor and trustee under the will of Elizabeth Zinn, filed his petition in the common pleas court asking the direction of the court as to whether the sum of $2,000 which was paid out by the deceased under circumstances set out in the petition should be treated by him as a gift to Vir- ginia G. Ellard, the sister of the decedent, or as an advancement to be charged against her interest in the estate.
Read the full summary
Error to the Court of Appeals of Hamilton county. Aaron A. Ferris, executor and trustee under the will of Elizabeth Zinn, filed his petition in the common pleas court asking the direction of the court as to whether the sum of $2,000 which was paid out by the deceased under circumstances set out in the petition should be treated by him as a gift to Vir- ginia G. Ellard, the sister of the decedent, or as an advancement to be charged against her interest in the estate. The petition alleged that in making distribution of the estate the executor proposed and sought to charge against the interest…
1Opinion of the CourtJohnson, J.
The dispute in the courts below was confined practically to questions of law. The testimony offered by each party on the trial related to phases of the controversy which were different from those to which the testimony of the other related. There is, therefore, no material conflict in the evidence.
In 1905 Mrs. Zinn, the testatrix, was an old lady of considerable wealth without lineal descendants. Her husband had died in 1880 and her only son in 1902. While visiting her niece, Mrs. Hoffman, in Massachusetts in August, 1905, she promised to give her $2,000 to assist her in the purchase of a…
2Cases cited2 opinions
- Norfleet v. CallicottMississippi Supreme Court · 1907
- Vreeland v. VreelandNew Jersey Court of Chancery · 1904