Summary
In Fox v. Phelps, 17 Wend. 393, Bronson, J., says: "An unlimited disposition of the rents and profits, or income, of an estate will sometimes carry the estate itself.
Summary of this case from Bowen v. PaytonOpinion
No. 2011-1009.
September 21, 2011.
In Mandamus. On joint motion to adopt agreed resolution as order of the court.
Merit Decision Without Opinion
Motion denied. Cause dismissed as moot.
O'CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O'DONNELL, CUPP, and MCGEE BROWN, JJ., concur.
LANZINGER, J., concurs but would dismiss the cause on the authority of Smith v. Leis, 106 Ohio St.3d 309, 2005-Ohio-5125, 835 N.E.2d 5, syllabus; and State ex rel. Jones v. Hendon (1993), 66 Ohio St.3d 115, 609 N.E.2d 541.