Alkire v. Schryver

Ohio Supreme Court

Alkire v. Schryver

92 Ohio St. (N.S.) 515

CourtOhio Supreme Court

DecidedMarch 23, 1915

DocketNo. 14455

StatusPublished

This text of 92 Ohio St. (N.S.) 515 (Alkire v. Schryver) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alkire v. Schryver, 92 Ohio St. (N.S.) 515 (Ohio 1915).

Pincite

Opinion

It is ordered and adjudged by this court, that the judgment of the said court of appeals be, and the same hereby is, reversed; for the reason that it appears from the allegations of the answer and the admissions of the reply thereto that the said A. E. Alkire did not, and could not, contest said will and [516]*516codicils. The entry, set forth in the-answer, which was made by the court in the proceeding to contest .the will of William Heath, deceased, adjudicated that fact, and, therefore, the said A. E. Alkire did hot go to law to break the said will within the meaning of the 8th Item thereof. And coming now to render the judgment which the court of appeals should have rendered, it is hereby ordered and adjudged that the judgment of the court of common pleas be, and the same is hereby, reversed, and this cause is remanded to the court of common pleas for further proceedings according to law.

Nichols, C. J., Donahue, . Wanamaker and Matthias, JJ., concur.

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It is ordered and adjudged by this court, that the judgment of the said court of appeals be, and the same hereby is, reversed; for the reason that it appears from the allegations of the answer and the admissions of the reply thereto that the said A. E. Alkire did not, and could not, contest said will and [516]*516codicils. The entry, set forth in the-answer, which was made by the court in the proceeding to contest .the will of William Heath, deceased, adjudicated that fact, and, therefore, the said A. E. Alkire did hot go to law to break the said will within the meaning of the 8th Item thereof. And coming now to render the judgment which the court of appeals should have rendered, it is hereby ordered and adjudged that the judgment of the court of common pleas be, and the same is hereby, reversed, and this cause is remanded to the court of common pleas for further proceedings according to law.

Nichols, C. J., Donahue, . Wanamaker and Matthias, JJ., concur.

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Bluebook (online)

92 Ohio St. (N.S.) 515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alkire-v-schryver-ohio-1915.