Reports of Cases Argued and Determined in Ohio Courts of Record Volume 2; Western Law Monthly (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1896 Excerpt: ... 746 OHIO DECISIONS. Vol. V Fayette County Common Pleas. In this respect, this case is on all fours with the case of Needles v. Needles, 1 O. S. R. 432. There, Philemon Needles, the testator had, prior to thepassageof the statute providing for advancements iu personalty, and prior ___ to themakiugof his will, given various srms to his children and taken receipts for the same. The supreme court, in deciding that case, say--" The several advancements which had been made to his four sons-inlaw, -for which he had taken their receipts, must have been in his contemplation when he made his will. How much he had previously advanced to his other children, does not appear in this case. But it is lair to presume that in view of all of his previous advancements, he made such a distribution of his property by his will as he deemed just and proper." The rule recognized and adopted in that case, applies with full force to this. The demurrer is overruled. Rush & Gardner, for Plaintiff. INDEX. The patfe figures at the end of the line refer to this volume: the others are the original volume and page. ACTION--The Statute of Illinois, similar to that of Ohio, giving damages for wrong-fully or negligently causing the death of another, can not he enforced by an action brought in Ohio by an Admin-istrator appointed here; and it seems not by an Illinois Administrator. Woodward v. R. R. Co., 1, 106. 32 Where money is paid by a defendant to the representative of an estate, upon a judgment in favor of the estate, which judgment is afterwards reversed, an action will lie against such representa-tive, in his personal character, to re-cover such payment. Gillmore v. Meeker, 1, 27(i. (53 The holder of a Certificate, issued by Township Trustees, under the act au-thorizing ditches to be loca...