Ohio State Reports Volume 70 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 edition. Excerpt: ...defendants in error; the judgment was afiirmed by the circuit court, and error is prosecuted to this court. Counsel for defendants in error states the case as follows: John Zeltner died in 1885, testate, leaving Mary Zeltner his widow. They had no children, but they became the foster parents of John L. Duerr and his sister Louisa, the defendants in error. John and Louisa were orphan children, and had been taken by Zeltner and wife into their family when quite young. They were brought up and educated by Zeltner and Statement of the Case. lived with him as members of his family. Zeltner in his life time, and his widow for some time after his death, kept a saloon and restaurant, and the two children assisted them in this while it was so carried on. Louisa got married to Lippardt, and then lived with her husband. John got married and continued to live with Zeltner, and after Zeltner's death, with his widow, upon the premises in question, until April 15, 1890, when the widow executed the deed in question, and went to the Widows' Home, leaving John and his family to live upon the premises. When the widow entered the Home she was seventy-four years old. The by-laws of the Home provide for an admission fee of $100, and that if the widow so admitted has property, she must give one-half thereof to the Home. She was at the Home but a few months, when she left it and returned to the premises in question and lived there with her foster son John and his family. On August 4, 1890, the widow executed a deed for the same premises to John Duerr and his sister, Louisa Lippardt, but the same was never recorded. In October, 1890, John and his sister Louisa brought suit to set aside the deed to the Home, upon the ground that the widow was not of...