Seney v. Schroth

Citations

• 35 Ohio C.C. Dec. 239
• 25 Ohio C.C. (n.s.) 185

Syllabus

<p>DESCENT AND DISTRIBUTION</p> <p>Personally Received by Wife from Estate of Deceased Husband Descends to Her Heirs Generally.</p> <p>S. died testate without issue, leaving A. W. S. his widow, and certain brothers and sisters and their legal representatives, his only heirs at law. A. W. S. elected not’ to take under the will of S., but took under the law her distributive share of S.’s personal estate, and subsequently died intestate without issue, leaving neither brother nor sister or their legal representatives. Held: That A. W. S. took her distributive share of said personal estate by favor of the provisions of Secs. 10571 and 8592 G. C., and not under any provision of Sec. 8574 G. C., hence, the provisions of Sec. 8577 G. C., are not effective to divert the descent of such personal property from her heirs generally.</p>