In Re Estate of Riley

{¶ 1} This is an appeal from a judgment of the Scioto County Common Pleas Court, Probate Division. The court granted a motion to strike the election made by Virginia Riley, surviving spouse and appellant herein, to take against the will of her late husband, Walter Riley.

{¶ 2} Appellant assigns the following errors for review and determination: 1

First Assignment of Error

The court erred in granting the executrix’s motion to strike the election to take against the will, even though it is undisputed that the court did not comply with the law, due process and Civil Rule 4.1.

Second Assignment of…