The battle over Charles H. Dater's $100 million estate is heading back to a Cincinnati courtroom.

        The fight for control of Mr. Dater's money pits his widow, Ann Dater, against the attorneys and brokers who helped set up the charitable foundation that bears Mr. Dater's name.

        Mrs. Dater challenges the transfer of millions of dollars from the family trusts into the foundation, among the largest in Cincinnati.

        She claims her husband's attorneys and brokers took advantage of his fading mental health, convincing him to sign over control of his estate.

        The Ohio 1st District Court of Appeals ruled Friday that Mrs. Dater should get another chance to argue her case in Hamilton County Common Pleas Court.

        Most of the allegations in her original lawsuit had been thrown out by Judge Arthur Ney. But the appeals court ruled the judge made a mistake when he threw out the allegations involving the charitable foundation.

        The appeals court decided Judge Ney relied too heavily on probate court records when making his decision. Instead, the ap peals court ruled, the judge should have focused only on the records at issue in Mrs. Dater's lawsuit.

        The decision renews a three-year battle over Mr. Dater's millions.

        Mr. Dater's family had ties to Cincinnati since the early 1800s and later made a fortune in farming and banking.

        Roughly half of Mr. Dater's $100 million is tied up in the Charles H. Dater Foundation. The other half is locked into trusts set aside for his widow and her family.

        Mrs. Dater reached a confidential settlement last year with the attorneys and brokers who handled her husband's estate. But she did not give up the fight over the foundation. She has complained that the foundation, which supports causes such as the Cincinnati Opera and neighborhood charities, allows her husband's attorneys and brokers to collect lavish fees and salaries.

        Attorneys for Mrs. Dater and the foundation could not be reached for comment Friday.

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