Ohio Reports Volume 16

Ohio Reports Volume 16

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1867 edition. Excerpt: ...was such heir, and in the belief that, in case of intestacy, she would only be entitled to dower in the premises. The judge gave no advice, and she asked none, as to the validity of the will, or as to the validity or effect of the devise to the county. The plaintiff, upon being subsequently advised of her legal rights as heir at law, resigned her oflice of executrix, and, on the 6th of February, 1864, filed her original petition, setting forth the facts aforesaid, and alleging the incapacity of her said husband to make a will; that the said county of Fayette had accepted and claimed the land so devised, but failed to pay the expenses of the probate of the will; and that she had paid them out of the assets of the estate. But the petition does not allege that any request had been made by her upon the defendant to refund the money, or that the defendant knew of the existence of the will at the time of its probate. In case No. 148 the prayer of the petitioner is, that the probate and record of the will may be set aside, and her election to take under it canceled; that an inquiry may be had as to her husband's capacity to make a will; and that said supposed will may be set aside and held for naught. In case No. 149 the prayer is, that her election may be set aside; that the said devise to the county of Fayette may be held and declared void; and that if the devise shall be held valid, the land may be declared forfeited by failure of the county to pay said expenses of probate. After the separation of the cases the defendant interposed a general demurrer in each. On final hearing the common pleas sustained both demurrers, and dismissed the petitions, with costs. The plaintiff filed a petition in error, in each case, in the district court, ...show more

Product details

  • Paperback | 254 pages
  • 189 x 246 x 13mm | 458g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236975677
  • 9781236975676