Doe ex dem. John G. v. Lee
Ohio Supreme Court
Reserved in the county of Harrison. A statement, agreed to by counsel, presents the following facts: Edward Yealhall died in 1813, in Athens township, in the county of Harrison, seized of forty acres of land, situate in said county, leaving Ruth Yealhall, his widow, and an infant child, who died the following year.
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Reserved in the county of Harrison. A statement, agreed to by counsel, presents the following facts: Edward Yealhall died in 1813, in Athens township, in the county of Harrison, seized of forty acres of land, situate in said county, leaving Ruth Yealhall, his widow, and an infant child, who died the following year. Elizabeth, the sister of Edward, survived him, and, on the death of the child, claimed the land by inheritance from her brother, and executed a deed for an undivided moiety to the plaintiff’s lessors, under which they claim title. The widow, after the death of the child, executed a…
1Opinion of the Court
Opinion of the court, by
Judge Wood :
The question is, under this agreed case, whether Elizabeth Teal-hall, the ,sister of the ancestor from whom the estate *came, or Ruth, the widow, and mother of the child, inherited the land. This must depend on the statute of February 22,1805, which continued in force until June 1, 1815, when the act of December 19, 1814, took effect, and repealed some of its provisions.
The statute of 1805, 1 Chase’s Stat. 515, sec. 2, enacts, that if the estate came by descent, etc., “from an ancestor, it shall descend to the children of the intestate, or their legal…
2Cited by1 opinion
- Slosson v. LynchNew York Supreme Court · 1864