¶1We are oí the opinion that the same decree should be rendered in \ this court that was rendered in the court of common pleas decided by' Judge Wright, 4 Dec. 65 (2 1ST. P. 390), with the exception that we. think item 18 of the will is a valid provision, and does not come within i the provision of Sec. 5915, Rev. Stat., as to its being a benevolent, j I religious, educational or charitable purpose.
12 Ohio Cir. Dec. 720
Fugmann v. Theobald
Decided July 1, 1898
Ohio Circuit Courts · decided 1898-07-01
<p>WILLS.</p> <p>1. Section 5915, Rev. Stat., Extends to Designated Heirs.</p> <p>Section 6915, Rev. Stat., providing that if any testator die having issue of his t body, or an adopted child, living, bequests to religious, educational or chari- t table purposes within a year of testator’s death shall be void, extends to all ■ whom the law classes as issue and is not limited to those who are issue in , fact. Therefore as to children designated as heirs at law, by proceedings in the probate court, under Sec. 4182, Rev. Stat., such bequests are void.</p> <p>S, Bequests for Masses not Within Sec. 5915, Rev. Stat.</p> <p>A bequest to the pastor of a Roman Catholic church “ for the saying of masses for the repose of my soul and the soul of my husband, ” are not within Sec. 5915, Rev. Stat., as being to benevolent, educational or charitable purposes.</p>
Decided 1898-07-01