Kegler, Admx. v. Kempter

By the Court.

The question presented in" this case is’ whether the daughter of the wife of the testator takes, under Section 10504-73, General Code, the estate which her mother would have taken under the will of her husband had she survived him.

It is conceded that the Supreme Court in Schaefer v. Bernhardt, 76 Ohio St., 443, 81 N. E., 640, construed the almost identical provision as that involved in the instant case, found in the code section .referred to above, to include only those related by consanguinity to the testator. As the wife was not so related, the daughter cannot take, and the…