Holt v. Miller

A decision in this case turns upon the interpretation to he given the word “heirs” as used by Enoch Miller in the fifth item of his will.

Applicable here is the language of this court in Weston v. Weston, 38 Ohio St., 473, 478, as follows:

“We readily concur in the proposition * * * that the term heirs, when used in a will, is' flexible, and should be so construed as to give effect to the manifest intention of the testator as ascertained by a due consideration of all the provisions of the will. But this proposition in no wise conflicts with the well-established rule of construction, that…