Foster v. Clifford

Citations

• 87 Ohio St. (N.S.) 294

Syllabus

<p>Testator gives wife all property secured to her — By Ohio laws of distribution — Where wives survive intestate husbands — Gives all remaining property to brother — Wife thereby receives only dower interest — And allowance — Under Sections 86oy and 10656, General Code.</p> <p>A testator gave to his wife all that part and interest in his estate, real, personal and mixed, which is secured to her, as his widow, by the laws of distribution of estates of the state of Ohio, in the cases where wives survive husbands who die intestate, and gave, absolutely, the remainder of his property, real, personal and mixed, to his brother. Held:</p> <p>That, under this will, the widow took her dower interest in the real estate of the testator, situated in Ohio, one-half of the first four hundred dollars and one-third of the remainder of the personal property subject to distribution, the use of the mansion house, under the provisions of Section 8607, General Code, and the year’s allowance provided for in Section 10656, and that the remainder of the estate, real, personal and mixed, went to the brother.</p>