Thomas v. Trustees of Ohio State University

Citations

• 70 Ohio St. (N.S.) 92

Syllabus

<p>Devise to educational institution — In case devise fails — Testator empowers only lineal descendant to ratify devise — Descendant deeds to devisee — Section 5915, Revised Statutes■ — ■ Construction of wills.</p> <p>1. A testator having devised to an educational institution, and in case such devise should fail or be held void for any cause, then to the children of his two brothers, anil having in a codicil authorized, empowered and requested his daughter, who was his only lineal descendant, to ratify and confirm the devise to the institution, declaring that, “in case she complies” with this request the devises and bequests over to the children of the testator’s brothers “are revoked,” and the testator having died within a year from the making of the will, so that the devise to the institution became invalid by virtue of section 5915, Revised Statutes, and the daughter having executed the power by a deed to the institution, the children of the testator’s brothers take nothing under the will. Board of Trustees of the Ohio State University v. Folsom et at., 56 Ohio St., 701, approved and followed.</p> <p>2. The power and authority by the testator conferred upon his daughter and heir at law, is not a devise in trust to or for such institution, but is a naked power to appoint to a design nated object, and is not rendered invalid by section 5915, Revised Statutes.</p> <p>3. A deed of confirmation expressly purporting to execute such power and conveying the property which had been devised,is operative to invest the grantees with a full and perfect title to the property therein described.</p>