IN RE ESTATE OF LASPINA

No. 79-67.

60 Ohio St. 2d 101 (1979)

IN RE ESTATE OF LASPINA

Supreme Court of Ohio.

Decided December 12, 1979.


Attorney(s) appearing for the Case

Messrs. Walsh & Niehaus, Mr. James E. Walsh, Mr. David J. Niehaus and Mr. Frank Stieg, III, for appellant.

Mr. Russell B. Turrell, for appellee Carol Goldfarb.

Mr. Kenneth R. Spanagel, for appellee Joseph LaSpina.

Mr. James R. Kellam, for appellees Artino.

Mr. Sanford M. Shore, for appellee Jacob, Exr.


HOLMES, J.

This appeal presents the issue of whether the right of a surviving spouse to elect against the will survives her death. For the reasons that follow, we hold that the right of election is personal to the surviving spouse, and may not be exercised in favor of her estate following her death.

R. C. 2107.39 authorizes an election by the surviving spouse, and provides, in pertinent part, that:

"After the probate of a will and the filing of the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases