Mooney v. Purpus

Citations

• 70 Ohio St. (N.S.) 57

Syllabus

<p>Residuary' estate bequeathed by testator — To lawful heirs — ■ “Share and share alike’'' — Heirs take per capita and not per stirpes — Construction of wills.</p> <p>Where a testator bequeaths his residuary estate to his lawful-heirs, without other or further designation as to who are intended as his beneficiaries; and by his will directs that such residuum “shall be equally divided amongst my lawful heirs, share and share alike.” Held: That all persons who at the. time of the testator’s death answer the description, his “lawful heirs,” are entitled to share in such residuary estate, regardless of the degree of their relationship to the testator; and in the distribution of said estate such heirs take per capita and not per stirpes. ,</p>