Ellard v. Perris

Citations

• 91 Ohio St. (N.S.) 339

Syllabus

<p>Wills — Gift to legatee by testator — Subsequent to date of will— Presumption of intended ademption by testator — Where legateé is child of testator — Or one standing in loco parentis to testator —Legacy to one other than child — Intention of ademption— Must be clearly shown by will or extrinsic evidence.</p> <p>1. Whether a gift made to a legatee by a testator subsequently to the date of the will is to be taken as an ademption of the legacy depends on the intention of the testator,</p> <p>2. Where the subsequent gift is made to a child, or one to whom the testator stands in loco parentis, and the gift is of the same character or for the same purpose as the legacy, it will be presumed to be an ademption of the legacy pro tanto in the absence of an expressed intention to the contrary shown by the will or by extrinsic evidence.</p> <p>3. Where the legacy is to a person other than a child of the testator, or to a person other than one to whom he stands in loco parentis, unless the gift is for the same specific purpose for which the legacy was intended, there is no presumption of such intention, but it must be clearly shown, either from the will itself or by extrinsic evidence, that the ademption was intended by the testator.</p>