State ex rel. Cramer v. Peters

158 Ohio St. (N.S.) 474
CourtOhio Supreme Court
DecidedJanuary 21, 1953
DocketNo. 33270
StatusPublished

This text of 158 Ohio St. (N.S.) 474 (State ex rel. Cramer v. Peters) 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
State ex rel. Cramer v. Peters, 158 Ohio St. (N.S.) 474 (Ohio 1953).

Opinion

Per Curiam.

The question presented is whether a will filed with the State Teachers’ Retirement Board after the death of a member of the retirement system,' containing a residuary clause for the benefit of the wife of testator, constitutes a designation of beneficiary in favor of the wife in compliance with the following requirement of Section 7896-41, General Code:

“(a) Should a contributor die before retirement, his accumulated contributions shall be paid to his estate or to such person or persons as he shall have nominated by written designation duly executed and filed with the retirement board.”

The certified copy of decedent’s will filed with the board after decedent’s death was not a sufficient compliance with the statute to operate as a written designation of the beneficiary.

The demurrer is sustained and a writ is denied.

Writ denied.

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

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Bluebook (online)
158 Ohio St. (N.S.) 474, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-cramer-v-peters-ohio-1953.