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IN RE ESTATE OF CROSS

Nos. 95-782 and 95-784.

75 Ohio St.3d 530 (1996)

IN RE ESTATE OF CROSS.

Supreme Court of Ohio.

Decided June 5, 1996.

Attorney(s) appearing for the Case

Wegman, Hessler, Vanderburg & O'Toole, Rosemary D. Durkin and Jeffrey W. Krueger, for appellant, Administrator of the Estate of Beulah Cross.

Stephanie Tubbs Jones, Cuyahoga County Prosecuting Attorney, William J. Day and George J. Sadd, Assistant Prosecuting Attorneys, for intervenor appellant, Cuyahoga County Board of Commissioners.

Melling, Melling & Bell, Brian J. Melling and Clarence B. Rader III, for appellee, Ray Cross, Executor of the Estate of Carroll R. Cross.

Betty D. Montgomery, Attorney General, and Karen Lazorishak, Assistant Attorney General, urging reversal for amicus curiae, Ohio Department of Human Services.

FRANCIS E. SWEENEY, SR., J.

At issue in this case is whether Judge Corrigan abused his discretion in electing for decedent Carroll Cross's surviving spouse, who depended solely upon Medicaid benefits for her support and care, to take against the will and under R. C. 2105.06. For the following reasons, we uphold the election made by Judge Corrigan for Mrs. Cross, and reverse the decision of the court of appeals.

Where a surviving spouse is under a legal disability...

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