Wobser v. Tanner

We must decide whether the surviving spouse is entitled to purchase a one-half interest in the mansion house at the appraised price of $5,000 and whether she is entitled to purchase a one-half interest in the adjoining 51.82 acres. We deal first with the latter question.

At the time of Roy Tanner’s death, R. C. 2113.38 (A) stated that “A surviving spouse* **may purchase* **[t]he mansion house, including the parcel of land on which such house is situated and lots or farm land adjacent thereto and *31used in conjunction therewith as the home of the decedent***,”1 (Emphasis added.) The appellant…