Knisely v. Young

Citations

• 23 Ohio C.C. Dec. 439
• 15 Ohio C.C. (n.s.) 49

Syllabus

<p>1. Power Given Executors to Confer Title is Coupled with an Interest and Vests Fee in Executors until Termination of Life Estate.</p> <p>Where a testator vests in his widow a life estate in his lands, with the provision that within a reasonable time after the death of his widow certain land shall be sold by the executors named in the will and the proceeds divided equally between his five children, or if any of his children should decease before distribution the share of such child or children should go to his or their heirs, “so that the proceeds of said lot may vest in my children and their heirs forever,” the power given to the executors with respect to conferring title is a power coupled with an interest and vests the fee in the executors.</p> <p>2. Quitclaim Deed Executed by Testator’s Son Before Termination of Life Estate Invalid.</p> <p>In such a case the law of succession with respect to the proceeds from the sale of said land when finally made by the executors is not found in the statute of descent but of distribution, and the time of the distribution determines who are the legatees; and a quitclaim deed given by one of the sons to his divorced wife of all his right, title and interest in said, land, executed during the lifetime of their mother, is void and without effect.</p> <p>[Syllabus by the court.]</p>