Winkelfoos v. Mann

This matter is before the court on an appeal from summary judgment of the Huron County Common Pleas Court, Probate Division. The factual issues are not in dispute. 1

Ralph V. Mann, the decedent herein, died testate on February 19, 1981. His will provided, inter alia, that his surviving spouse, Florence R. Mann, appellee herein, would receive twenty-five percent (a one-fourth share) of his residuary estate. Surviving the testator, other than his spouse, are these three emancipated children. Each of the children is the natural child of both the testator and his surviving spouse.

Appellee-spouse,…