Kuster v. Yeoman

Citations

• 22 Ohio C.C. Dec. 476

Syllabus

<p>EVIDENCE-TENANTS IN COMMON — WILLS.</p> <p>1. “Heirs” Regarded as Children if Testator Has Children Living.</p> <p>The word “heirs,” where used by a testator having living children, will be regarded as synonymous with children.</p> <p>2. Tenant in Common Taking and Remaining in Possession does not Oust Other Tenant in Common.</p> <p>The grantee of a one-half interest in lands does not by merely going upon the lands and remaining in possession thereof and • failing to account to the owner of the other half interest for rents and profits, thereby oust the said owner of the remaining half interest from possession or set the statute of limitations against him.</p> <p>3. Testimony Showing Son’s Insolvency Competent to Indicate Purpose of Devise to Son’s Wife, and Children.</p> <p>Testimony showing that the son of the testator was heavily in debt is competent for the purpose of indicating that testator, in making no provision for said son and giving his entire estate to his son’s wife and their children, thereby protected the estate against the creditors of the said son.</p> <p>[Syllabus by the court.]</p>