In Re Estate of Jones

This cause came on to be heard upon an appeal from the Court of Common Pleas of Hamilton County upon an agreed statement of the facts.

The instant appeal derives from the order of the Probate Division of the Court of Common Pleas denying the motion of the appellant, Rufus Jones, to set aside a waiver of his statutory right as surviving spouse to take a designated share of his deceased wife’s estate in contravention of the provisions of her last will and testament. The only issue before us is whether his failure to make an election allowing him to share in the estate pursuant to R.C. 2107.39…