Leedy v. Cockley

Citations

• 22 Ohio C.C. Dec. 299

Syllabus

<p>WILLS.</p> <p>1. Devisee Taking Possession of Property Willed to Her Held Es-topped to Contest Will.</p> <p>A daughter who has gone into possession of land devised to her by the will of her father, leased the same to a third person and has collected the rents and profits therefrom from the date of the probate of said will is estopped thereby to contest the validity of the will, though the petition therefor was filed within the time prescribed by Gen. Code 12087 for the contest of a will.</p> <p>:2. Devisee Receiving Rents and Profits of Land Devised to Her and Leasing Same with Knowledge of Condition of Estate, Etc., Bars Her Contest of Will,</p> <p>A daughter having received the rents and profits of certain land devised to her by the terms of the will of her father, she, after his death, having subjected said land to a lease to a third person, and with full knowledge of the condition of the estate and the terms of the will cannot raise the bar created by the estoppel of her conduct and file and maintain a petition to contest the validity of said will by and on the return of said rents and profits so collected to the executor, or by bringing the money into court. In such case the acceptance of the devise is an absolute bar to the contest of the validity of the will, and it is not error for the trial court to dismiss the action of the plaintiff in such a case.</p> <p>3. Legatee Having no Legal' Pecuniary Interest except Legacy Held Necessary Party to Contest of Will.</p> <p>A person who has no legal pecuniary interest in an estate in case of intestacy and who has only a remainderman’s interest by virtue of a will as legatee therein is a necessary party defendant in a proceeding to contest the validity of said will,, but has no such an interest under the provisions of Gen. Code 12079 as will permit or allow said person as such legatee to file and maintain an answer or cross petition to contest the validity of the will, or to join in the prayer of the petition to ha