BANK & TRUST CO., v. RIFFE

No. 38810.

2 Ohio St. 2d 72 (1965)

THE WINTERS NATIONAL BANK & TRUST CO., EXR., APPELLEE, v. RIFFE, APPELLEE; GRAF, APPELLANT, ET AL.

Supreme Court of Ohio.

Decided April 7, 1965.


Attorney(s) appearing for the Case

Messrs. Lair, Herkins, Lair & Wiseman, for plaintiff-appellee.

Mr. Mathias H. Heck, for defendant-appellee.

Messrs. Turner, Wells, Granzow & Spayd and Mr. Robert V. Spayd, for appellant.


O'NEILL, J.

One of the assignments of error of the appellant is that the Court of Appeals erred in determining that Section 2105.06, Revised Code, gives the spouse electing under Section 2107.39, Revised Code, an undivided fractional interest in each item of personal property in the decedent's estate.

The Court of Appeals relied upon Barlow v. Winters National Bank & Trust Co., Trustee, 145 Ohio St. 270, 280. Likewise, the Probate Court relied...

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