Schaefer v. Bernhardt

Citations

• 76 Ohio St. (N.S.) 443

Syllabus

<p>Devise of real estate by wife to husband — Lapses if husband dies ■first, when — Interpretation of Section S971, Revised Statutes — ■ Phrase “other relative” — Law of wills — Descent of property.</p> <p>1. In the interpretation of Section 5971, Revised Statutes, to prevent the lapsing of a devise or legacy when made “to any child or other relative of the testator if such child or other relative shall have been dead at the time of the making of the will, or shall die thereafter, leaving issue surviving the testator,” the phrase “other relative” should, in accordance with the maxim noscitur a sociis, be restricted to relationships of the character indicated by the associated word “child,” and regarded as including those which are consanguineous, but .excluding, those which are affinitive merely.</p> <p>2. Notwithstanding the statute, a devise of real estate by a wife to her husband will lapse if his death precedes hers, although he • leaves issue of a former marriage surviving the testatrix.</p>