Combs v. Hobstetter-Hall, 2016 Ohio 7407

In October 2012, 84‑year‑old Earl Hobstetter executed a deed conveying his half interest in family real estate to his sister, Kathleen Hobstetter‑Hall; the deed was prepared and witnessed by attorney W. Mack Anderson.
Five days later (Oct. 10, 2012) Dr. Fabiana Farinetti examined Hobstetter and diagnosed dementia; he was hospitalized shortly thereafter and died in March 2013.
Trena Combs, Hobstetter’s cousin and longtime caregiver (and named devisee under a 2004 will), sued as executrix and individually seeking rescission/cancellation of the deed for lack of capacity and undue influence.
A magistrate and then the trial court conducted a bench trial; witnesses included Combs, neighbors/friends, Dr. Farinetti (by deposition), Nurse Adkins (depo), Hall and her husband, and Attorney Anderson.
The trial court found (1) Combs failed to prove incompetence by clear and convincing evidence and (2) no evidence of undue influence; it credited Attorney Anderson’s contemporaneous observations over the friends’/neighbors’ testimony and noted inconsistencies in lay testimony.
Combs appealed, arguing the judgment was against the manifest weight of the evidence and that the court improperly discounted pre‑ and post‑transaction evidence of Hobstetter’s mental state. The appellate court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the grantor lacked capacity to execute the deed (clear and convincing standard)	Combs: evidence (neighbors/friends and Dr. Farinetti’s diagnosis five days later) shows Hobstetter lacked capacity on Oct. 5, 2012	Hall: contemporaneous observations by attorney Anderson and the grantor’s comportment at signing show he understood the transaction	Court affirmed: plaintiff failed to prove incapacity by clear and convincing evidence; trial court credited Anderson and found lay testimony inconsistent
Whether evidence from a reasonable time before/after the deed may be used to prove capacity on the date	Combs: testimony about decline before and after the deed is admissible and supports finding of incapacity	Hall: such evidence is weighed by trier of fact; contemporaneous observations are more probative	Court affirmed: the trial court considered that evidence but found it unpersuasive or inconsistent and permissibly relied on contemporaneous testimony

Eastley v. Volkman, 972 N.E.2d 517 (Ohio 2012) (manifest‑weight standard and appellate deference to trial‑court fact‑finding)
McCluskey v. Burroughs, 446 N.E.2d 1143 (Ohio App. 1982) (burden to set aside deed for undue influence or lack of capacity is clear and convincing evidence)
In re Estate of Haynes, 495 N.E.2d 23 (Ohio 1986) (definition of clear and convincing evidence)
Monroe v. Shrivers, 162 N.E. 780 (Ohio App. 1927) (senility or partial impairment does not alone invalidate a deed if grantor understood the transaction)
Seasons Coal Co. v. Cleveland, 461 N.E.2d 1273 (Ohio 1984) (deference to trial court’s ability to judge witness credibility)
Myers v. Garson, 614 N.E.2d 742 (Ohio 1993) (trial court best positioned to assess witness demeanor and credibility)
Willis v. Baker, 79 N.E. 466 (Ohio 1906) (historical rule regarding rescission/cancellation of conveyances for incapacity)
Cadwallader v. Scovanner, 896 N.E.2d 748 (Ohio App. 2008) (presumption that trial court findings are accurate where credibility determinations are involved)