In re L.M.W., 2020-Ohio-6856. · cites it 2ד” R.C. 2107.02. In general, a will shall be in writing, signed at the end by the testator, and “attested and subscribed in the conscious presence of the testator, by two or more competent witnesses, who saw the testator subscribe, or heard the testator acknowledge the testator’s…”
Smith v. Gold-Kaplan, 2014-Ohio-1424. “{¶27} R.C. 2107.02 provides that “[a] person of the age of eighteen years, or older, of sound mind and memory, and not under restraint may make a will.”
In re Est. of Shaffer (Slip Opinion), 2020-Ohio-6973, 159 N.E.3d 1190. · cites it 2ד24 fails to specify that the decedent must have testamentary capacity pursuant to R.C. 2107.02, but no one disputes that R.”
Gannett v. Booher, 465 N.E.2d 1326 (Ohio Ct. App. 6th Dist. 1983). “However, the record clearly indicates that the testator, in the case sub judice, was not, as required by R.C. 2107.02, of “sound mind and memory” at the time of executing the will.”
Doyle v. Schott, 582 N.E.2d 1057 (Ohio Ct. App. 1st Dist. 1989). “” The criteria in determining the existence of testamentary capacity include whether the testator had sufficient mind and memory to: (1) understand the nature of the business in which he was engaged, (2) comprehend generally the nature and extent of his property, (3) know the…”
Buffenbarger v. Est. of Meyer, 2023-Ohio-2760, 222 N.E.3d 55. “” R.C. 2107.02. A testator is of sound mind and memory and has testamentary capacity when the testator: (1) understands the nature of the business in which the testator is engaged; (2) comprehends generally the nature and extent of the testator’s property; (3) holds in the…”
In re Est. of Smith, 698 N.E.2d 455 (Ohio Ct. App. 4th Dist. 1997). · cites it 5דR.C. 2107.02. Thus, if the uncontradicted evidence adduced from the face of a will and/or from the testimony of the will’s witnesses establishes as a matter of law that the testator was under restraint, the will’s proponents fail to make a prima facie showing of the will’s…”
Sawyer v. Lebanon Citizens Nat'l Bank, 664 N.E.2d 571 (Ohio Ct. App. 12th Dist. 1995). “See R.C. 2107.02; Vodrey v. Quigley (P.C.1956), 74 Ohio Law Abs.”
Shriners' Hosp. for Crippled Child. v. Hester, 492 N.E.2d 153 (Ohio 1986). “provide for a will contest in which the complaining party may show that the testator, pursuant to R.C. 2107.02, lacked the requisite mental capacity or was under restraint at the time of the execution of his will.”
In re Est. of Marsh, 2011-Ohio-5554. “” “A testator has capacity to make a will when he has sufficient mind and memory (1) to understand the nature of the business in which he is engaged, (2) to comprehend generally the nature and extent of his property, (3) to hold in his mind the names and identities of those who…”
In re Est. of Shaffer (Slip Opinion), 2020-Ohio-6672, 171 N.E.3d 272. · cites it 2ד24 fails to specify that the decedent must have testamentary capacity pursuant to R.C. 2107.02, but no one disputes that R.”
Alten v. Barnecut, 168 N.E.2d 9 (Ohio Ct. App. 1959). · cites it 2דAppellant makes the argument that the term, “wills,” in the last paragraph of this section applies both to the will of the testator and to that of the surviving spouse, and, consequently, *500 (1) that it restricts the general power to dispose of property by will as given in…”
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