In re Estate of Marsh
2011 Ohio 5554
Ohio Ct. App.2011Background
- Clara Marsh died March 26, 2008; Elaine Grayson and Richard Marsh are her surviving children.
- Clara executed a 1996 will leaving to husband, then equally to children; husband predeceased her.
- Clara and Richard held joint tenancy with survivorship in a condo; condo sale proceeds disputed.
- In 2004 Clara expressed intent to draft a new will; 2006 handwritten will left everything to Richard and Sam.
- Guardianship petition filed in July 2006; tensions rose between Richard and the Graysons.
- Elaine challenged the 2006 will in probate court; trial court granted summary judgment for Richard and Martha.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Clara's 2006 will validly executed with testamentary capacity? | Elaine asserts Clara lacked capacity due to dementia. | Marshes argue Clara understood the nature of the will and her property. | Capacity sustained for the 2006 will. |
| Did the Marshes exert undue influence to produce the 2006 will? | Elaine contends undue influence occurred due to guardianship dispute and guardianship strategy. | Marshes claim no actual influence; Clara acted of her own free will. | Genuine issues of material fact on undue influence; remand required. |
Key Cases Cited
- In re Estate of Worstell v. Harold Todd, Inc., ex rel. Estate of Worstell, 2002-Ohio-5385 (Montgomery App. 2002) (testamentary capacity factors and light on capacity timing)
- Bustinduy v. Bustinduy, 75 Ohio St.3d 406 (Ohio 1996) (summary judgment in will contest requires no genuine issues of material fact)
- In re Estate of Goehring, 2007-Ohio-1133 (Columbiana App. Nos. 05 CO 27, 05 CO 35) (capacity evidence in guardianship context)
- Meek v. Cowman, 2008-Ohio-1123 (Washington App. No. 07CA31) (capacity evidence in dementia context)
- State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (circumstantial evidence weight standard)