Schroth v. Noble

Citations

• 91 Ohio St. (N.S.) 438

Syllabus

<p>Journal entry: It appearing from the record that the owner of the property described in the petition died intestate; that the same is non-ancestral property and descends under paragraph 6 of Section 8574, General Code, to the next of kin of the blood of the intestate; that the “next of kin” as used in this statute refers to those persons who take intestate property under the statutes of descent and distribution {Steel, Admr., v. Kurts, 28 Ohio St., 191, approved and followed); that each paragraph of Section 8574, General Code, must be read in connection with all the other paragraphs for the purpose of determining who are next of kin of the blood of the intestate; and that in Section 8574, General Code, relating to the descent and distribution of non-ancestral property, the whole blood is preferred to the half-blood (Stembel v. Martin, 50 Ohio St., 495, and Lyon et al. v. French et al., 70 Ohio St., 466, affirming Lyon v. Lyon, 24 C. C, 498, 1 C. C, N. S., 246, approved and followed).</p> <p>It is, therefore, considered and adjudged by this court that the judgment of the court of appeals be, and the same hereby is, reversed, and this court coming now to render the judgment that the court of appeals should have rendered, it is ordered, adjudged and decreed that the judgment of the common pleas court be, and the same hereby is, affirmed. — Reporter.</p>