Hostetler v. Peters

Citations

• 94 Ohio St. 17
• 113 N.E. 656
• 1916 Ohio LEXIS 161

Syllabus

<p>Descent and distribution — Ancestral and nonancestral property — Testatrix died leaving sister — Devise to niece, who died intestate, without issue — Life estate in husband of niece — Fee simple title in her brother, when.</p> <p>M. J. S., by her last will and testament, devised her real estate to a niece, S. J. H. M. J! S., at the time of her death, left surviving a sister, E. P., and children of a deceased sister, her only heirs at law, who would have inherited the real estate had M. J. S. died intestate. S. J. H. and one E. A. P. were children of E. P., neither of whom would have inherited any portion of the real estate from M. J. S. had she died intestate. S. J. H. died intestate, without issue, leaving surviving her husband, D. M. PI. Held: The real estate of which S. J. PI. died seized was ancestral within the meaning of Section 8573, General Code, and upon her death it passed to and vésted in her husband relict during his natural life and at his death to her brother, E. A. P.</p>