Mellinger v. Mellinger

Citations

• 73 Ohio St. (N.S.) 221

Syllabus

<p>Election or non-election and its effect — Section 5964, Revised Statutes — Duties of probate court — Authority of deputy clerk to receive election of widow — Law of wills.</p> <p>1. The duties enjoined upon the probate court by section 5964,-Revised Statutes,,are judicial duties and cannot be performed by a deputy clerk of said court.</p> <p>2. A deputy clerk of the probate court is without right or authority to receive the election of the widow or widower to take under the will of a deceased consort; and an election made before such deputy clerk, and entered of record, may, on application of the. party making it to a court of equity, be vacated and set aside.</p>