Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

Will.

WILL-Continued.

executed and proved in a sister state, it is not necessary to continne
the motion to the next term or give notice of such application in a pub-
lic newspaper, as prescribed in section 30 of the act. The latter section

did not apply to wills executed and proved in any of the states or ter-
ritories of the United States. lb. 379.

6. The neglect of a devisee for three years to cause a known will to be of
fered or admitted to probate, whereby the devise lapses under the thir-
ty-fourth section of the act of 1840, refers to the original probate, and
not to the admission to record of an authenticated copy of a probated
will. Ib. 379.

7. The provisions of section four of the act of March 20, 1849 (47 Ohio L.
32), did not apply to foreign wills on record in this state at the date of
the passage of the act. Ib. 379.

8. A will executed and proved in a sister state, and afterward, under the
act of 1840, an authenticated copy thereof is duly admitted to record in
any county in this state where any part of the property devised is sit-
uated, is as valid to vest title in the devisee as a domestic will duly pro-
bated. Ib. 379.

9. A domestic will, under the act of 1840, when duly probated in any
county of this state, vested in the devisee the property therein devised,
although such property was situated in another county. Ib. 379.
10. A will, executed in conformity with the provisions of the act of 1824,
but made and proved in a sister state, might, after the repeal of that act,
be admitted to record in this state, under the act of 1840. Ib. 379.
11. When an authenticated copy of a foreign will is properly admitted to
record in this state, and afterward a copy of such record, under section
26 of the act of 1852, is filed and recorded in another county, the latter
record may be given in evidence in an action for the recovery of lands
devised by the will, commenced before the record was made. lb. 379.
12. When lands are devised for life to one person, with remainder over
in fee to another, the possession of a third, under the tenant for life,
is not adverse, within the meaning of the statute of limitations, as against
the remainder-man, until a right of entry accrues to him. Ib. 379.
13. A deed of conveyance by a tenant for life purporting to convey the
title in fee, passes the life estate, but does not forfeit it to the reversioner
or remainder-man. 1b. 379.

14. The laws and regulations adopted by a beneficial association incorpo-
rated and organized under the supplementary act of April 20, 1872 (69
Ohio L. 82), determine the rights of the members and the association;
and a fund raised by the association in pursuance of such laws and
regulations, to be paid to the family or heirs of a deceased member, in
the manner therein specified, unless otherwise directed by such mem-
ber in his lifetime, will, on failure of the member to give such direction,
be controlled by such laws and regulations. Arthur v. Odd Fellows'
Beneficial Association, 557.

15. Where by the laws and regulations of such association, the fund above
mentioned is to be paid to the widow, children, mother, sister, father,
or brother of a deceased member, and in the order named, if not other-
wise directed by the member previous to his death," the relatives will
take the fund in the order named, unless the member in his lifetime ex-
ecute such power of direction or appointment, thus changing the order
of payment; and the will of a member, who died seized of property,
real and personal, devising and bequeathing to his children "my estate
and property, real, personal and mixed," without referring to the power

Witness-Words.

WILL- Continued.

or the subject of it, is not such an execution of the power as will con-
trol the fund. Ib. 557.

See PARTNERSHIP, 1; Trust, 2; Boggs v. Taylor, 172.
WITNESS-

In order to render a party incompetent as a witness under section 313 of
the civil code, as amended March 23, 1875, on the ground that the ad-
verse party is a guardian, trustee, executor, administrator, heir, gran-
tee, or devisee, the parties must be adverse in interest, and not merely in
their nominal status in the case as plaintiffs or defendants, and, there-
fore, in an action by an administrator upon a promissory note made by
two parties defendant, where only one of them sets up any defense, the
other is a competent witness for his co-defendant. Baker v. Kellogg,

663.

See EVIDENCE, 3, 9, 10, 14.

WORDS. See CORPORATION, 6; OFFICER AND OFFICE, 2; TAXATION, 2.

« ΠροηγούμενηΣυνέχεια »