Young v. Young

This is an appeal on questions of law from an order of the Probate Court dismissing the petition of plain tiff-appellant, surviving spouse, for permission to purchase her deceased husband’s undivided one-half interest in their farm and residence.

Answers were filed and the petition opposed by Boyd B. Young, executor, and by The West Jefferson Building & Loan Company, mortgagee of the premises.

The question presented is the interpretation and application of Section 2113.38 (A), Revised Code, which reads as follows :

“ A surviving spouse even though acting as executor or administrator, may…