In re Estate of Strauch

There are several questions before us, lmt because of our disposition of the first question — wheth*194er legatees under a will have the right to contest an election not to take under a will, made by a Probate Court on behalf of an incompetent surviving spouse pursuant to Section 2107.45, Revised Code — we find it unnecessary to reach the other issues in this case.

The right to dispose of property by will and to receive property under a will is a matter of statute. See 55 Ohio Jurisprudence 2d 522, Wills, Section 47. Since the right to make a will is a matter of statute, the statutes may place…