Board of Trustees of the Ohio State University v. Folsom

Ohio Supreme Court

Board of Trustees of the Ohio State University v. Folsom

56 Ohio St. (N.S.) 701

DecidedJanuary 15, 1897

StatusPublished

This text of 56 Ohio St. (N.S.) 701 (Board of Trustees of the Ohio State University v. Folsom) 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

Board of Trustees of the Ohio State University v. Folsom, 56 Ohio St. (N.S.) 701 (Ohio 1897).

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Opinion

By the Court.

It is quite clear that the children of the testator’s brothers can take nothing under the provisions of the will, as the fact — the making of a deed to the University by the testator’s daughter — has occurred, on which it was not to go to them, and they are not the testator’s heirs. It is not material what construction the law may place on this will as between the University and the heirs of the testator’s daughter; for the devise over in case the deed or ratification should not be made, is not made to depend upon the validity of the ratification in whatever form adopted, but on the fact only of its not being made.

The judgment of the circuit court is therefore reversed, and the petition of the plaintiffs beloio dis missed, on the facts conceded in the record.

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By the Court.

It is quite clear that the children of the testator’s brothers can take nothing under the provisions of the will, as the fact — the making of a deed to the University by the testator’s daughter — has occurred, on which it was not to go to them, and they are not the testator’s heirs. It is not material what construction the law may place on this will as between the University and the heirs of the testator’s daughter; for the devise over in case the deed or ratification should not be made, is not made to depend upon the validity of the ratification in whatever form adopted, but on the fact only of its not being made.

The judgment of the circuit court is therefore reversed, and the petition of the plaintiffs beloio dis missed, on the facts conceded in the record.

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Bluebook (online)

56 Ohio St. (N.S.) 701, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-trustees-of-the-ohio-state-university-v-folsom-ohio-1897.