Renner v. Williams

Citations

• 71 Ohio St. (N.S.) 340

Syllabus

<p>Words of survivorship in mil — Prima facie refer to time of testator's death — Descent and distribution of property — Interpretation of terms in will.</p> <p>1. Words of a survivorship in a will prima facie refer to the time of the testator’s death, because that is the time at which the property to be divided usually comes into enjoyment; but if the time of payment or distribution of the bounty, or the time of vesting an estate, be postponed in the will to a time later than the death of the testator, the words of survivorship will relate to such later period.</p> <p>2. A testator declared as follows: “Item Third. I do give all the balance of my real and personal estate to my son S and my daughters H and M to be divided equally between them share and share alike. Item Fourth. In case of the death of either one or more of the children named in item three, namely, S, H and M, the survivor or survivors shall inherit the property bequeathed to them both in item one and item three; if more than one survivor, to be divided equally, share and share alike.” The words “survivor or survivors” in item fourth mean survivor or survivors at the time of the testator’s death; and the interest in the real estate devised by item third is an estate in fee simple which vested immediately on the death of the testator, so' that on the death of H and M, respectively, after the death of the testator, their interest in the real estate passed by descent to their respective heirs and not to their brother, S, as survivor.</p>