In Re Estate of Cromley

This case, on appeal from the Court of Common Pleas of Pickaway County, Probate Division, deals with the probate court’s discretion in making an election for an incompetent under R.C. 2107.45.

The facts are relatively simple. Thaddeus Cromley, age 90, is the surviving spouse of Elsie Hewitt Cromley. Elsie died testate, but her will makes no provision for Thaddeus. Thaddeus is incompetent so the election to take under the will, or against the will, was made by the probate court as required by R.C. 2107.45.

The probate court appointed a commissioner who evaluated the estate and determined that…