Hawkins v. Hawkins

Two issues are presented to this court for determination. First, whether the Court of Appeals properly denied a review on questions of law and fact in an action for a declaratory judgment to set aside an antenuptial agreement and allow the surviving spouse to take her statutory share of the decedent’s estate. Second, whether a surviving spouse, as a protected party pursuant to Section 2317.03, Revised Code, may waive the incompetency of the personal representative of the deceased spouse and require him to testify as to events which occurred prior to the decedent’s death.

Turning to the first…