Winters National Bank & Trust Co. v. Riffe

Testator’s surviving spouse has exercised her statutory right to take under the statute of descent and distribution, rather than under the will of her deceased consort. As a result of such election, the executor, being in doubt as to how the assets of the estate are to be distributed, has brought this action in declaratory judgment for instructions.

Item II of testator’s will provides: “I give and bequeath all of the stock that I own, issued by American Telephone & Telegraph Company, at the time of my death, to THE WINTERS NATIONAL BANK & TRUST COMPANY of Dayton, Ohio, as Trustee, in trust…