McDaniels v. Hayes

Citations

• 22 Ohio C.C. Dec. 690

Syllabus

<p>WILLS — DESCENT AND DISTRIBUTION — WORDS AND PHRASES.</p> <p>1. “Heirs” not a Word of Limitation, when.</p> <p>A testator whose only issue was two sons, both of whom survived him, by “item 1” of his will devised to them certain real estate, and by “item 3” provided that “if either of my said sons should die before the decease of my said wife, then the share of said deceased son shall go to his heirs”; one of the sons died before the mother. Held, -«the word “heirs” in “item 3” is. not a word of limitation, and upon the death of the son his share of the realty went to his surviving brother. Whether such share would have gone to the children of the deceased brother under the rule in Shelly’s case, quaere.</p> <p>2. Vested Remainder under a Will Vests, when.</p> <p>A vested remainder in fee simple in each of the two sons of testator, which either may convey during his lifetime' subject to the life estate of the mother, under a will devising all the estate to the wife if she survives testator, and after her death the property to go to the two sons.</p> <p>8. Word “Shares” Refers to Residuary Estate, when.</p> <p>The word “share” as used by the testator m “item 3” of the will involved in this case, refers to the residuary estate mentioned in item 2, and not to the specific devises made in item 1.</p>