In re Estate of Witteman

Those portions of the Ohio statutes relevant to the first question presented are:

*68Section 2107.39, Revised Code: “After the probate of a will and filing of the inventory, appraisement, and schedule of debts, the Probate Court, on the motion of the executor or administrator, or on its own motion, forthwith shall issue a citation to the surviving spouse, if any be living at the time of the issuance of such citation, to elect whether to take under the will or under Section 2105.06 of the Revised Code. * * * The election shall be made within one month after service of the citation to elect, or if…