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33 Ohio C.C. Dec. 566

Van Develde v. Van Develde

Cuyahoga Circuit Court

Decided December 14, 1908

Cuyahoga Circuit Court · decided 1908-12-14

<p>WILLS</p> <p>No Action for Destruction of Will.</p> <p>Beneficiaries under a will can not maintain an action for its wrongful destruction during the testator’s lifetime.</p>

Decided 1908-12-14

HENRY, J.

¶1The action below was brought to recover damages for the destruction of a will prior to the testator’s death, whereby plaintiffs were deprived of legacies. Demurrer to the petition was sustained and judgment rendered for defendants.

¶2However wrongful such conduct as that here ascribed to the defendants may be, there appears to be no precedent for the remedy invoked. What right of the plaintiffs was invaded? They had no vested interest in the expected legacies during the testator’s lifetime. There was not even an inchoate right created in them by the mere execution and publication of the testator’s will containing provisions in their behalf.

¶3The judgment is affirmed.

Winch and Marvin, JJ., concur.
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