Hurton v. Boyer, 2020 Ohio 2790

Decedent Judith Hurton died intestate June 6, 2018 owning 632 Pearl St., Niles, Ohio; Trumbull Cty Probate appointed Daniel Hurton administrator Sept. 6, 2018.
Daniel and Hope Hurton (signed in individual capacities) executed a written lease to tenants Andrew Boyer and Victoria Daniels on Sept. 12, 2018.
An amended certificate of transfer (recorded Feb. 2019) transferred record title into Daniel Hurton’s name; Daniels argued title remained in the estate until that recording.
Daniel Hurton sued in municipal court (July 2019) for unpaid rent/damages; eviction claim later dismissed as tenants vacated; case proceeded to a bench trial Nov. 19, 2019.
Trial court found Hurton had authority to lease (notwithstanding a labeling error that called him “executor”), awarded damages; Daniels appealed arguing invalid lease, directed-verdict error, and that Hurton lacked authority as he signed individually while probate administered the estate.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Validity of lease / real party in interest (motion to dismiss / summary judgment)	Hurton: title to property vested by intestate succession at death, so he had ownership/authority to lease.	Daniels: property belonged to the estate at lease execution; Hurton lacked ownership/authority so lease was invalid.	Denial of summary judgment affirmed; under Ohio intestacy law title vested at death and the probate certificate merely memorialized transfer, so Hurton had authority to lease.
Directed verdict after plaintiff's case	Hurton: exhibits and evidence established ownership, rent due, and damages.	Daniels: plaintiff failed to prove ownership or probate authorization; directed verdict should be granted.	No reversible error; record exhibits established ownership as a matter of law, so denial of directed verdict was proper.
Manifest weight / administrator vs. executor labeling	Hurton: he signed as owner (not as fiduciary); even if court mischaracterized role, result is correct.	Daniels: trial court erred in awarding judgment because Hurton signed individually while property was under probate administration.	Judgment supported by competent evidence; any mislabeling (executor vs. administrator) harmless because title vested at death and Hurton had right to lease.

Winters Natl. Bank & Trust Co. v. Riffe, 2 Ohio St.2d 72 (Ohio 1965) (in intestate estates heirs take title to real estate immediately at death)
Continental Ins. Co. v. Whittington, 71 Ohio St.3d 150 (Ohio 1994) (denial of summary judgment is harmless after trial unless based on pure question of law)
Dresher v. Burt, 75 Ohio St.3d 280 (Ohio 1996) (party moving for summary judgment bears initial burden to show absence of genuine issue)
Mitseff v. Wheeler, 38 Ohio St.3d 112 (Ohio 1988) (summary-judgment burdens and framework)
Knapp v. Edwards Laboratories, 61 Ohio St.2d 197 (Ohio 1980) (appellant’s duty to provide transcript; missing transcript leads to presumption of regularity)
C.E. Morris Co. v. Foley Constr. Co., 54 Ohio St.2d 279 (Ohio 1978) (civil judgments will not be reversed if supported by competent, credible evidence)