Hamilton v. Pettifor

Ohio Supreme Court

Hamilton v. Pettifor

165 Ohio St. (N.S.) 361

CourtOhio Supreme Court

DecidedJune 13, 1956

DocketNo. 34688

StatusPublished

This text of 165 Ohio St. (N.S.) 361 (Hamilton v. Pettifor) 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

Hamilton v. Pettifor, 165 Ohio St. (N.S.) 361 (Ohio 1956).

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Opinion

Per Curiam.

The question presented is whether the term, “survivors,” as used in item four of the will above quoted, relates to the survivors of the members of the class enumerated in item four, or to the survivors of the individual persons constituting that class.

This court is of the opinion that the term, “survivors,” as used in item four relates to the survivors of the class enumerated therein, and that appellant is not entitled to share in the estate. [363]*363The judgment of the Court of Appeals is affirmed on authority of Sinton v. Boyd, 19 Ohio St., 30, 2 Am. Rep., 369.

Judgment affirmed.

Weygandt, C. J., Matthias, Hart, Zimmerman, Stewart, Bell and Taft, JJ., concur.

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Per Curiam.

The question presented is whether the term, “survivors,” as used in item four of the will above quoted, relates to the survivors of the members of the class enumerated in item four, or to the survivors of the individual persons constituting that class.

This court is of the opinion that the term, “survivors,” as used in item four relates to the survivors of the class enumerated therein, and that appellant is not entitled to share in the estate. [363]*363The judgment of the Court of Appeals is affirmed on authority of Sinton v. Boyd, 19 Ohio St., 30, 2 Am. Rep., 369.

Judgment affirmed.

Weygandt, C. J., Matthias, Hart, Zimmerman, Stewart, Bell and Taft, JJ., concur.

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Bluebook (online)

165 Ohio St. (N.S.) 361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamilton-v-pettifor-ohio-1956.