In Re Estate of Clark

This appeal on questions of law is directed to the judgment of the Probate Court in determining that Pauline D. Clark, surviving spouse, has the right under the provisions of paragraph (A) of Section 2113.38, Revised Code, to purchase an entire farm of about 100 acres at the appraised value as fixed by the appraisers.

The error complained of is that the trial court placed the wrong construction on paragraph (A) of Section 2113.38, Revised Code, the pertinent part of which reads as follows:

“A surviving spouse even though acting as executor or administrator, may purchase the following property,…