Barr v. Denney

Citations

• 79 Ohio St. (N.S.) 358

Syllabus

<p>Wills — Technical rules of interpretation — Devise to wife for life — • Directions to distribute property — Among heirs after death of wife — Bequest does not vest immediately — Rights of legal heirs.</p> <p>1. Technical rules of interpretation may be resorted to as aids to the construction of a will; but they can not control if they are in conflict with the apparent intention of the testator.</p> <p>2. Where a testator devises and bequeaths the whole of his estate, real and personal, to his wife during her natural life, except certain amounts to equalize gifts among his children, and then without any express or implied legacy, except as contained in the direction to his executor to convert into personalty and distribute, makes the following dispositive clause, viz.: “After the death of my wife I desire that the whole of my property, both real and personal, he sold by my executor and after expenses are paid to distribute equally to my legal heirs,” the rule that a bequest in the form of a direction to pay, or to pay and divide at a future period vests immediately, if the payment be postponed for the convenience of the fund or estate, or merely to let in some other interest, does not apply. Linton v. Laycock, 33 Ohio St., 128, distinguished. Richey, Exr., v. Johnson, 30 Ohio St., 288; Sinton v. Boyd, 19 Ohio St., 30, and Hamilton v. Rodgers, 38 Ohio St., 242, approved and followed.</p> <p>3. In such case the direction to the executor to pay or to distribute to the testator’s “legal heirs” confers a contingent interest, which does not vest until the period of distribution; and the direction “to distribute equally to my legal heirs” is equivalent to a direction to make distribution in accordance with the . statutes providing for descent and distribution</p>