Wheatcraft v. Hall

Ohio Supreme Court

Wheatcraft v. Hall

1 Ohio Law. Abs. 11

DecidedJuly 1, 1922

StatusPublished

This text of 1 Ohio Law. Abs. 11 (Wheatcraft v. Hall) 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

Wheatcraft v. Hall, 1 Ohio Law. Abs. 11 (Ohio 1922).

Pincite

Opinion

JONES, J.;

Opinion by the Court.

A son acquired real estate under the will of his father, which contained a provision that the son should “have the farm above described by paying” certain legacies to the father’s other children or their legal representatives. Held:

1. The real estate so acquired by the son was ancestral property, and upon his dying intestate descended as such under the provisions of Sec. 8573, GC.

2. The title thereto came to such intestate by devise. The provision contained in the will, requiring such devisee to pay legacies, did not convert the estate into one by purchase. Judgment affirmed.

Hough, Matthias and Clark, JJ., concur. Marshall, C. J., dissents.

Free access — add to your briefcase to read the full text and ask questions with AI

JONES, J.;

Opinion by the Court.

A son acquired real estate under the will of his father, which contained a provision that the son should “have the farm above described by paying” certain legacies to the father’s other children or their legal representatives. Held:

1. The real estate so acquired by the son was ancestral property, and upon his dying intestate descended as such under the provisions of Sec. 8573, GC.

2. The title thereto came to such intestate by devise. The provision contained in the will, requiring such devisee to pay legacies, did not convert the estate into one by purchase. Judgment affirmed.

Hough, Matthias and Clark, JJ., concur. Marshall, C. J., dissents.

Cite This Page — Counsel Stack

Bluebook (online)

1 Ohio Law. Abs. 11, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wheatcraft-v-hall-ohio-1922.