2018 Ohio 1112
Ohio Ct. App.2018Background
- Decedent William R. Eisaman, Jr. died December 15, 2016 and was buried at Arcadia Cemetery; his surviving spouse is Charlene Eisaman.
- William's sister, Linda Badgett, sent a July 11, 2017 letter indicating the family plot would be retitled to the Badgett Family Trust and that Charlene could not be buried there.
- After receiving the letter, Charlene arranged to disinter William on August 9, 2017 and reinter him at a Van Buren cemetery so they could be buried together.
- Linda filed a probate petition (Aug. 30, 2017) seeking to disinter William from Van Buren and reinter him at Arcadia; Charlene opposed.
- The probate court held a bench trial, applied the multifactor equitable Frobose test, and denied Linda’s petition; Linda appealed.
- The appellate court affirmed, finding competent, credible evidence supported the trial court’s weighing of factors (spousal preference, decedent’s wishes, parties’ conduct) and no abuse of discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether probate court abused discretion by denying petition to exhume and return decedent to original cemetery | Badgett: William wanted Arcadia and Charlene originally consented to that burial; disinterment should be ordered to honor decedent’s preference and original consent | Charlene: As surviving spouse she has stronger interest; William also intended to be buried alongside her; Linda’s July letter frustrated that plan and justified reinterment | Trial court did not abuse discretion: applied Frobose factors, credited spouse’s interest and testimony, and found Linda’s conduct weighed against reinterment; affirmation of denial of petition |
Key Cases Cited
- In re Disinterment of Frobose, 163 Ohio App.3d 739 (6th Dist. 2005) (multifactor equitable test for contested disinterment requests)
- Spanich v. Reichelderfer, 90 Ohio App.3d 148 (2d Dist. 1993) (surviving spouse generally has stronger interest than more distant relatives)
- Seasons Coal Co. v. City of Cleveland, 10 Ohio St.3d 77 (Ohio 1984) (trial court best positioned to assess witness credibility)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (definition of abuse of discretion)
- C.E. Morris Co. v. Foley Constr. Co., 54 Ohio St.2d 279 (Ohio 1978) (civil judgment supported by competent, credible evidence will not be reversed)
- Novelli v. Carroll, 278 Pa. Super. 141 (Pa. Super. 1980) (factors and principles applied in disputes over cemetery reinterment)