Lucht v. Behrens
Ohio Supreme Court
Error to the Superior Court of Cincinnati. John Behrens brought an action against the plaintiff in error, alleging, that on the 8th of June, 1867, the estate of Francis Neulson was indebted to him in the sum of $3,000, on an account stated by and between him and the then executor of said estate, for which he asks judgment. The answer is a general denial.
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Error to the Superior Court of Cincinnati. John Behrens brought an action against the plaintiff in error, alleging, that on the 8th of June, 1867, the estate of Francis Neulson was indebted to him in the sum of $3,000, on an account stated by and between him and the then executor of said estate, for which he asks judgment. The answer is a general denial. Upon this issue the case was tried at special term, and on a verdict for the plaintiff, with a motion for a new trial and bill of exceptions, the case was reserved to the general term, when the motion was overruled, and judgment rendered on…
1Opinion of the CourtJohnson, J.
In order to understand the charges given and refused by the court below, as well as to determine *233•their correctness, a summary of the facts developed on the trial is necessary.
Francis Neulson died in March, 1863, leaving a will, by which he devised to Ms wife “ all his property, real, personal, and mixed, absolutely and in fee simple, so long as she stays a widow and 'lives, and after her death my •children shall divide the property in equal parts among themselves.”
He left a widow and several minor cMldren, and under the will his brother, Anthony Neulson, was appointed and •qualified as…
2Cases cited6 opinions
- Austin v. . MunroNew York Court of Appeals · 1872
- New Orleans v. United StatesSupreme Court of the United States · 1836
- De Valengin's Administrators v. DuffySupreme Court of the United States · 1840
- Pitkin v. PitkinSupreme Court of Connecticut · 1829
- Scholefield v. EichelbergerSupreme Court of the United States · 1833
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