Reports of Cases Argued and Determined in the Circuit Court of Ohio Volume 20

Reports of Cases Argued and Determined in the Circuit Court of Ohio Volume 20

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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. 1900 edition. Excerpt: not the law of this state; but under the decisions of our supreme court such words, or words of similar import, are to be in terpreted according to their popular and natural meaning. and as referring to the time of the death of the first take!' unless the contrary intention is plainly expressed in the will. or is necessary to carry out its undoubted purpose. Devise of land in fee subject to payments to e: vecutnrs--C'onstruction as to estate given (2). Where a will b one provision gives to testatoi-'s children land in fee simn s. but by other provisions the burden is imposed upon them of making large payments of money to his executors, to be used in the payment of pecuniary legacies to other children. and for the ayment of the debts of the testator. this will not be consi ersd as indicating an intention of the testator to give a fee simple title to the land devised subject only to the charges imposed. This rule only applies to cases where the devise is so indefinite that the intention of the testator can not easily be ascertained. but not where the estate is by appropriate language devised in fee simple. "Heirs" construed to mean "children"---Rule of construction (3). Where in a will the word ''children'' is used in all the devises and bequests, and it is then provided that if any of them "die without issue or leave no surviving issue ' then that such bequest to him shall "pass to my other surviving heirs," the word "heirs" must be construed to mean "children" also. and therefore, on the death of one of the children without issue, the land devised to him oes to the children than living, exclusive of the issue 0 children more

Product details

  • Paperback | 322 pages
  • 189 x 246 x 17mm | 576g
  • United States
  • English
  • black & white illustrations
  • 1236974972
  • 9781236974976