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WEEKS, EXR., v. VANDEVEER

No. 40713.

13 Ohio St. 2d 15 (1968)

WEEKS, EXR., v. VANDEVEER, APPELLEE; CENTRAL NATIONAL BANK OF CLEVELAND ET AL., TRUSTEES, APPELLANTS.

Supreme Court of Ohio.

Decided January 10, 1968.

Attorney(s) appearing for the Case

Messrs. Thompson, Hine & Flory, Mr. Robert F. Maskey and Mr. Joseph B. Ruggie, Jr., for appellees.

Messrs. Walter, Haverfield, Buescher & Chockley, Mr. D. Rusk Haverfield, Mr. F. Wilson Chockley, Jr., Mr. J. Robert Malloy and Mr. Jack B. Streepy, for appellants.

MATTHIAS, J.

This case presents the ultimate question whether a surviving spouse who elects to take against the will of a deceased spouse may nevertheless claim the benefit of a tax clause contained therein.

In the case of Campbell v. Lloyd, 162 Ohio St. 203, this court was confronted with the question as to whether a surviving spouse who elects to take against the...

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