Question
When he died, Abner Huntington owned a magnificent and expensive home well known for its beautiful landscaping and flower gardens. In his will, he gave
When he died, Abner Huntington owned a magnificent and expensive home well known for its beautiful landscaping and flower gardens. In his will, he gave his children "all household furnishings, equipment, decorations. and appliances." The home was sold to a famous entertainer who claimed the children had improperly removed certain fixtures from the house and the premises. The property removed included garden statues, lighting fixtures, a pipe organ, metal decorative birds around the swimming pool, and inside the house, a large statue of Pegasus, the flying horse. Most of these property items could be easily removed.
- In your opinion, are these items fixtures? Explain.
- Read the case Paul v. First National Bank of Cincinnati, 52 Ohio Misc. 77, 369 N.E.2d 488 (1976). In that case, the court ruled that items similar to those in the example were fixtures. Do you agree?
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