Morris v. Osborne

Citations

• 29 Ohio C.C. Dec. 280
• 27 Ohio C.C. (n.s.) 161

Syllabus

<p>WILL CONTEST.</p> <p>1. Presumption of Knowledge of Decedent as to Contents of WfH Executed.</p> <p>A presumption arises in a will contest that the will was drawn in accordance with instructions given by the testatrix and was read to her and explained and found by her to be expressive of the instructions so given.</p> <p>2. Uncontroverted Proof of Testatrix’s Capacity to Make Will and Repubiication with Codicils Sufficient to Sustain Will whether Read or not at Original Execution.</p> <p>Although no evidence is proffered as to whether a will contested was or was not read to the testatrix and explained to her at the time of its execution, it appears uncontroverted that her mental condition was such as to leave no doubt of her capacity to make an intelligent and discreet disposition of her property, and it is in evidence that when the will was republished by the addition of codicils it was read and explained to her Daraeranh by paragraph, it is not error to direct a verdict for the defendants.</p> <p>3. Proof of Codicil Referring to and, Attached to Will Establishes Both as Will.</p> <p>When a codicil is attached to a will, which clearly and unmistakably refers to the will, so as to preclude all doubt as to its identity, the will and codicil are to be taken and construed together as parts of one and the same instrument, and proof of the codicil will establish the will.</p> <p>[Syllabus approved by the court.]</p>