Van Tilburg v. Martin

Ohio Supreme Court February 27, 1929

Van Tilburg v. Martin, 7 Ohio Law. Abs. 173 (Ohio 1929)

Allen, Day, Kinkade, Marshall, Matthias, Robinson

Opinion of the Court

Syllabus by

ALLEN, J.

DECEDENTS’ ESTATES

(220 Wa) In the case of a devise of real estate to A, and in case of A’s death before taking possession or without issue of his body, over, the word “or,” in view of the language of the whole will, may be construed as “and.” Hence the estate does not pass to the ulterior devisee unless both of the specified events occur. Ward v Borrows, 2 Ohio St. 241, approved and followed.

Marshall, CJ, Kinkade, Robinson, Matthias and Day, JJ, concur.

Reference

Full Case Name: VAN TILBURG et v. MARTIN et
Status: Published