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Society Anonyme v. Fletcher & Co...

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v. Meyers..........
v. Myers..........
v. Netter
v. Payton.........
v. Police Bd..........
v. Schuler...............
v. Smith ....
V. Steube...
v. Von Martels.,
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v. Zumstein........
Steible v. Ry Co...........
Stewart v. Stewart..........
Stichtenoth v. Toph..........
Storer v. Cincinnati
Strauss v. Cincinnati........
Taliaferro v. Christian Assn......
Tatem v. Commissioners.......
Tel. Assn. v. Ry Co.......
Tempest, In re......
Tenhundfeld v. Commissioners....
Tetterbach v. Meyer.........
Toledo v. Toledo............
Trimble v. Ins. Co..........
Trustee v. Banning.......

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(Cincinnati Superior Court, General Term, Oct., 1884.) WM. W. TALIAFERRO ET AL. v. YOUNG MENS' CHRISTIAN Assn. A power of appointment to be exercised by last will cannot be exercised by deed.

Nor can the grantee of such a power lawfully exercise the same for a valuable consideration,

The action was brought to recover the possession of real estate and damages for its detention. It was submitted to the court at special term, a trial by jury having been waived, and was reserved to general term upon the pleadings and evidence.

The material facts were as follows:

The property in question was devised by Richard Southgate to his daughter, Mrs. Parker, for life, with power in her to devise it by her last will to any person or persons lineally descended from Southgate, and to none other.

In the year 1870, Mrs. Parker in consideration of $5,000 paid to her, made a perpetual lease of the property to one Heyl, with privilege of purchase. The three children of Mrs. Parker joined with her in the execution of the lease, and in it she covenanted not to change a will she had then made appointing them as the persons to whom the property should pass at her demise. The leasehold interest of Heyl was afterwards levied upon and sold at sheriff's sale and purchased by defendant, and the latter now claims under it. Afterwards, and before the death of Mrs. Parker, her son Henry died unmarried and without issue, and her son William died leaving children who are the plaintiffs in this action. After the death of her two sons Mrs. Parker cancelling the first

4 L. B. i

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