Holmes County Republican. [volume] (Millersburg, Holmes County, Ohio) 1856-1865, 1858-01-28
Supreme Court of Ohio.

The decision in the following case was
announced at the session of the court on
Jan. 5th 1858. Present all of the judges
James Needles, Execusor of Philemon
Needles, VS.. Thomas Needles ct al.
BARLEY, c. j., held
1. The statutory provision as to advance
ments in the descent and distribution OF es-
tates, can have no just application, in a case
where it is apparant that the testator, who,
by his will had distributed property in diff
ferent amounts among his children, with
the manifest intention of his disposing of
all bis estate, Unexpectedly by the omis-
sion of a residuary clause in his will, died
intestate to residuum of his estate.
2. There is but one mode known to our
law, by which a married woman is author
lied to join her husband in the execution
of contract that has reference to real es
tate, and is done under formalities and
guards against martial influence prescribed
by statute. How far the consent of the
wife to her joining her husband in an ar
rangement in regard to her seperate prop
erty, may be regarded as material ele-
ment in the transaction, in equity, is diff
ferent question.
8. The wife's contingent right by survi-
Worship to her chooses in action Immediate
ly reducible into possession, may be barred
by settlement before or after marriage, by
actual reduction into possession by the
husband, or certain acts held to be equiva-
lent to actual reduction into possession,
such as recovery of judgment or decree, in
the sole name of the husband, assignment
by the husband for a valuable considera-
tion, or by release.
4. The husbands right of property in
the wifes's chooses in action, is dependent
on the contingency of his reducing them
into possession for valuable consideration
by the husband, of the wife's chose in ac
tion capable of immediate reduction into
possession, is regarded as substantial re-
duction into possession by him; yet the
assignment or transfer Of the wife's rever-
sionary interest, or interest in expectancy,
does not amount to reduction into pos
session by the husband, inasmuch as such
interest IN futuro, is incapable of immedia-
ton reduction into possession, and the ef-
feet of the assignee in the same situation
with, and no better than that of the as
signor.
5. The effect of the law on this subject
is, that the wife's dominion or power of dis
posal, which the husband by virtue of the
martial relation, assumes over the wifes
chooses in act on, consists not in his success
sion to the wife's right Of property, but
the power of control and management of
her chooses, in action for her benefit, togeth-
er with the power of acquiring an absolute
right of property in the same, so far as
they are capable of actual reduction into
possession.
6. Although as general thing all con-
tiDgent and executory interests, and con-
tingent estates of inheritance, as well as
springing and executory uses, and possibili-
ties coupled with an interest are assignable
and releasable, yet it is a settled rule, that
what is termed either naked possibility,
or remote possibility cannot be released,
for the reason that release must be foun-
ded on right in being, either vested or
contingent. Consequently, the mere ex-
pectancy or chance of succession of an heir
apparent to his ancestors estate at his de-
cease is not the subject matter of release or
assignment at common law.
Z. Where father on making an ad-
vance to one of his sons took from the son
a receipt for the amount advanced, acknowl-
ing the same to be in full of all claims the
son could have against his fathers estate
after his death, as one of his heirs, and
STIMULATING not to set up any such claim,
as heir, &c, such agreement can impose no
binding obligation, inasmuch as the estate
of deceased person must pass, either by
any kind of executory contracts, made to
control the distribution of mans estate
at his decease.
Ordered, that an equal distribution be
made among all the heirs at law of Philo-
mon Needles, deceased, of the residuum of
bio octota uodienocod of hx, will