Biles v. Webb

Ohio Supreme Court

Biles v. Webb

6 Ohio Law. Abs. 239

CourtOhio Supreme Court

DecidedApril 4, 1928

DocketNo. 20622

StatusPublished

This text of 6 Ohio Law. Abs. 239 (Biles v. Webb) 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

Biles v. Webb, 6 Ohio Law. Abs. 239 (Ohio 1928).

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Opinion

ALLEN, J.

A testamentary trustee who is also a beneficiary under the testamentary trust and is charged under the will with the duty of paying off mortgaes on real estate at the earliest possible date and distributing the estate to the beneficiaries cannot by failing to pay off such mortgages when there is sufficient income for such purpose and thus postponing the distribution, defeat the right of such beneficiaries to their proportionate share of such estate. In such case equity regards that as done which under the terms of the will ought to have been done.

(Marshall, CJ., Day, Kinkade, Robinson; Jones and Matthias, JJ., concur.)

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ALLEN, J.

A testamentary trustee who is also a beneficiary under the testamentary trust and is charged under the will with the duty of paying off mortgaes on real estate at the earliest possible date and distributing the estate to the beneficiaries cannot by failing to pay off such mortgages when there is sufficient income for such purpose and thus postponing the distribution, defeat the right of such beneficiaries to their proportionate share of such estate. In such case equity regards that as done which under the terms of the will ought to have been done.

(Marshall, CJ., Day, Kinkade, Robinson; Jones and Matthias, JJ., concur.)

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Bluebook (online)

6 Ohio Law. Abs. 239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/biles-v-webb-ohio-1928.