Ohio Supreme Court, 1929

Van Tilburg v. Martin

Van Tilburg v. Martin
Ohio Supreme Court · Decided February 27, 1929 · Allen, Day, Kinkade, Marshall, Matthias, Robinson
7 Ohio Law. Abs. 173

Van Tilburg v. Martin

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.

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