24 Ohio St. (N.S.) 430
Decided December 15, 1873
Ohio Supreme Court · decided 1873-12-15
This is a suit for partition. The petition avers that, in 1842, Jacob Synif and wife, for a valuable consideration, conveyed by their deed, duly executed and delivered, the premises therein described to their daughter, Eve Brown, and the heirs of her body forever; that, at the time of the conveyance, Eve Brown was the wife of the defendant, Samuel Brown, and died in 1855, leaving surviving her five children, the issue of her body by Samuel Brown ; that the plaintiff and two…
Decided 1873-12-15
¶1This case was considered in connection with the case of Harkness v. Corning, supra, and the principle announced in that ease determines this.
¶2The only difference in the two cases is, in that case the estate in fee tail was created by will; in the present ease, it is created by deed. The right to curtesy is not affected by the difference in the mode in which the estates were, created.
¶3There was no error in sustaining the demurrer to the petition.
¶4Leave refused.