McArthur v. Allen

This bill was formerly before us on demurrer.* We then expressed our views as to the will to which it relates, under the laws of Ohio, with respect to the subject of perpetuities. The demurrer was overruled. The case is now before us upon the merits. A brief resume oh the facts disclosed in the record is necessary to render intelligible what we shall have occasion to say in regard to the controversy in this aspect.

Governor Duncan McArthur died on the twelfth of May, 1839. He left a will, which was duly admitted to probate on the sixteenth of that month. By the. will his wife, Mary McArthur,…