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IN RE ESTATE OF STRAUCH

No. 41326.

15 Ohio St. 2d 192 (1968)

IN RE ESTATE OF STRAUCH.

Supreme Court of Ohio.

Decided July 10, 1968.

Attorney(s) appearing for the Case

Messrs. Means, Bichimer & Burkholder, Mr. Raymond A. Bichimer and Mr. John C. Burkholder, for appellants legatees.

Messrs. Vorys, Sater, Seymour & Pease, Mr. Colborn M. Addison, Mr. Roger A. Yurchuck and Mr. James R. Beatley, Jr., for appellee, Charles Vorhees, guardian of Alice J. Strauch, an incompetent.

MATTHIAS, J.

There are several question before us, but because of our disposition of the first question—whether legatees under a will have the right to contest an election not to take under a will, made by a Probate Court on behalf of an incompetent surviving spouse pursuant to Section 2107.45, Revised Code—we find it unnecessary to reach the other issues in this case.

The right to dispose of property...

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