Kirkbride v. Hickok

The question of law presented to us is a narrow one. It is whether Section 10504-5, General Code, renders a bequest to charities, made in a will executed within one year before the death of the maker, void or merely voidable at the instance of the next of kin named therein, and whether the acceptance of the benefits, as provided in a will, by the next of kin of the testator constitutes a waiver of their rights under Section 10504-5 and confirms the bequests to the charities.

Section 10504-5 provides:

“If a testator dies leaving issue of his body, or an adopted child, living, or the lineal…