Weeks v. Vandeveer

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 will of a deceased spouse is entitled to have her statutory share under the Ohio statute of descent and distribution calculated as a percentage of the decedent’s estate before federal estate taxes were levied, or after. That question was…