IN RE ESTATE OF MASON

No. 2004-1974.

109 Ohio St.3d 532 (2006)

2006-Ohio-3256

IN RE ESTATE OF MASON.

Supreme Court of Ohio.

Decided July 12, 2006.


Attorney(s) appearing for the Case

John A. Kissh Jr., for appellant and cross-appellee, Wilma J. Mason.

Rakestraw & Rakestraw, Adam E. Rakestraw, and Gregory A. Rakestraw, for appellee and cross-appellant, Rakestraw & Rakestraw.

Robroy L. Crow, for appellee, Lila Fagan.

Jim Petro, Attorney General, Douglas R. Cole, State Solicitor, Diane Richards Brey, Deputy Solicitor, and Henry G. Appel, Assistant Solicitor, urging reversal for amicus curiae, Ohio Attorney General.


ALICE ROBIE RESNICK, J.

{¶ 1} Dorothy L. Mason passed away on December 3, 1999, and her will was admitted to probate on January 10, 2000. In her will, Dorothy Mason left her son, Richard F. Mason, a one-fourth interest in the proceeds from the sale of the real property in her estate.

{¶ 2} In June 2000, a law firm, appellee and cross-appellant, Rakestraw & Rakestraw, revived a judgment it had obtained against...

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