Betts v. Harper
Ohio Supreme Court
Error to the District Court of Hocking county. Agnes Harper and Penrose Harper, sisters, domiciled in Hocking County, each owning personal property, and being owners as tenants in common of real estate in that comity, signed the following instrument, dated April 17, 1862 : “ We, Agnes Harper and Penrose Harper, of the county of Hocking, in the State of Ohio, do make and publish this our last will and testament, in manner and form following, that is to say : First, it is our…
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Error to the District Court of Hocking county. Agnes Harper and Penrose Harper, sisters, domiciled in Hocking County, each owning personal property, and being owners as tenants in common of real estate in that comity, signed the following instrument, dated April 17, 1862 : “ We, Agnes Harper and Penrose Harper, of the county of Hocking, in the State of Ohio, do make and publish this our last will and testament, in manner and form following, that is to say : First, it is our will that our funeral expenses and all our just debts be first fully paid; secondly, that all of our property, both real…
1Opinion of the CourtOkey, J.
The construction placed by the majority of the court in Walker v. Walker, 14 Ohio St. 157, on the instrument there in question, viewed in the light of the facts existing at the time of its execution, was that the alleged will should be regarded as simply a compact, joint in form and substance, between Walker and his wife, to treat their several estates as one estate, and jointly dispose of it as such among the objects of their bounty; that it was a matter of negotiation between them, and the disposition which each made of his or her property was influenced and modified by the disposition made…
2Cases cited8 opinions
- March v. HuyterTexas Supreme Court · 1878
- In Re the Probate of the Last Will & Testament of DiezNew York Court of Appeals · 1872
- Gould v. MansfieldMassachusetts Supreme Judicial Court · 1869
- Schumaker v. SchmidtSupreme Court of Alabama · 1870
- Evans v. SmithSupreme Court of Georgia · 1859
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