Winters National Bank & Trust Co. v. Riffe

One of the assignments of error of the appellant is that the Court of Appeals erred in determining that Section 2105.06, Revised Code, gives the spouse electing under Section 2107.39, Revised Code, an undivided fractional interest in each item of personal property in the decedent’s estate.

The Court of Appeals relied upon Barlow v. Winters National Bank & Trust Co., Trustee, 145 Ohio St. 270, 280. Likewise, the Probate Court relied upon the Barlow case, supra, and the defendant-appellee before this court, in her brief, relied solely upon the Barlow case, supra.

The lower court has applied the…