
    No. 342
    HARTLEY v. WHELAN
    Ohio Appeals, Franklin County
    No. 1185.
    Decided March 20, 1924
    1271 — WILLS—Devise to “Bishop of Diocese of Columbus” held to be one for religious purposes and to fall within provisions of 10504 GC.
    Attorneys- — Booth, Keating, Pomerene & Goulger, for Hartley; J. M. Butler, L. M. Boger C. L. Bartlett and Griffith & Griffith, for Whelan; all of Columbus.
   ALLREAD, J.

Epitomized Opinion

Published Only in Ohio Law Abstract

This action involved the construction of a will made by one Martin Whelan, Sr. In the will the testator devised a farm to his son Martin and devised that if Martin should die without issue the farm should go to “the Bishop of Diocese of Columbus” on certain conditions. Martin, Jr., survived his father and died without issue. Held:

In a devise like the one under consideration where no individuals are named and the devise is to a'religious officer or board by official description, the presumption is that the devise is one for religious purposes. So far as the one in this case is a religious devise it falls within the provision of 10504 GC. and must therefore be declared invalid.  