Reports of Cases Argued and Determined in the Ohio Circuit Courts V.1-35 Ohio Circuit Decisions Volume 22

Reports of Cases Argued and Determined in the Ohio Circuit Courts V.1-35 Ohio Circuit Decisions Volume 22

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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. 1912 edition. Excerpt: ...two other matters I will mention later--but on that particular question the plaintiff would be entitled to recover if she did have an estate in possession, or right to possession at the time of her death. We are fully in accord with all that was said by Judge Thurman in the case of Borland v. Marshall, 2 Ohio St. 308, where he says that every reason obtains for holding that an estate by curtesy is entitled to as much consideration and protection at the hands of courts as any other interest or estate in lands. This matter is very fully discussed by Judge Thurman and we are very fully in accord with what is stated there in the opinion. It is of no moment what our opinion might be if this were a new question presented to the court. We think it has been settled by the decisions in Ohio what the law is on this subject, and it is our duty to decide this case according to the law as we find it settled, no matter how many reasons anyone may be able to assign why it might be better if it were other than as it is. We call attention to the case of Moore v. Iles, 9 Ciro. Dec. 418 (16 R. 591), and also the case of Watkins v. Thornton, 11 Ohio St. 367, to which our attention has been called. The syllabus in Watkins v. Thornton, supra, is short and reads as follows: "In order to give a right by the curtesy in the wife 's lands, it is not sufficient that the wife was seized of an estate of inheritance therein during the coverture. She must also have had a right to the present possession of the freehold. Hence, it is the settled rule of law, that a husband can not be tenant by the curtesy of a remainder, expectant upon an estate for life, unless the latter be determined during the coverture." The estate for life in the case at bar was...
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Product details

  • Paperback | 248 pages
  • 189 x 246 x 13mm | 449g
  • United States
  • English
  • black & white illustrations
  • 1236859421
  • 9781236859426