Lessee of Reynolds v. Shirley

Ohio Supreme Court

Lessee of Reynolds v. Shirley

7 Ohio 39

DecidedDecember 15, 1836

StatusPublished

This text of 7 Ohio 39 (Lessee of Reynolds v. Shirley) 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

Lessee of Reynolds v. Shirley, 7 Ohio 39 (Ohio 1836).

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Opinion

Judge Wood,

after stating the whole case, delivered the opinion ■•of the court:

Upon the evidence, the court are satisfied that there was a complete re-execution of the will, under which the defendant claims, on August 23, 1834. It is not necessary the witnesses should see the testator sign the will; it is sufficient if he acknowledge his signature to the witnesses. The proof of this acknowledgment in the case before us, we hold to be clear and explicit. The will thus repirblished, speaks as to, and disposes of the real estate owned by the testator in 1834. The title is therefore in the defendant, and «there must be a judgment of nonsuit. ■

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Judge Wood,

after stating the whole case, delivered the opinion ■•of the court:

Upon the evidence, the court are satisfied that there was a complete re-execution of the will, under which the defendant claims, on August 23, 1834. It is not necessary the witnesses should see the testator sign the will; it is sufficient if he acknowledge his signature to the witnesses. The proof of this acknowledgment in the case before us, we hold to be clear and explicit. The will thus repirblished, speaks as to, and disposes of the real estate owned by the testator in 1834. The title is therefore in the defendant, and «there must be a judgment of nonsuit. ■

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Bluebook (online)

7 Ohio 39, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lessee-of-reynolds-v-shirley-ohio-1836.