
    VAN TILBURG et v MARTIN et
    Ohio Supreme Court
    No 21238.
    Decided Feb 27, 1929
   Syllabus by

ALLEN, J.

DECEDENTS’ ESTATES

(220 Wa) In the case of a devise of real estate to A, and in case of A’s death before taking possession or without issue of his body, over, the word “or,” in view of the language of the whole will, may be construed as “and.” Hence the estate does not pass to the ulterior devisee unless both of the specified events occur. Ward v Borrows, 2 Ohio St. 241, approved and followed.

Marshall, CJ, Kinkade, Robinson, Matthias and Day, JJ, concur.  