Roll v. Edwards

• Decision Date: 17 February 2004
• Docket Number: No. 03CA2694 and 03CA2714.,03CA2694 and 03CA2714.
• Parties: ROLL et al., Appellants, v. EDWARDS, Appellee, et al.
• Court: Ohio Court of Appeals

156 Ohio App.3d 227

2004-Ohio-767

805 NE 2d 162

2004-Ohio-767

ROLL et al., Appellants, v. EDWARDS, Appellee, et al.

Nos. 03CA2694 and 03CA2714.

Court of Appeals of Ohio, Fourth District, Ross County.

Decided February 17, 2004.

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James R. Kingsley, for appellants.

Clifford Bugg, for appellee.¹

KLINE, Presiding Judge.

{¶ 1} Earl W. and Robert Roll ("Earl" and "Robert") appeal from the judgments of the Ross County Court of Common Pleas, General Division ("common pleas court"), and the Ross County Court of Common Pleas, Probate Division ("probate court"), dismissing their intentional-interference-with-expectancy-of-inheritance claims. They also appeal from the judgment of the common pleas court dismissing their related promissory-estoppel claims. For purposes of this decision and judgment entry, we have consolidated these two related cases. Because we find that the probate court lacks jurisdiction to hear the interferencewith-expectancy-of-inheritance claim, we overrule Earl and Robert's sole assignment of error in the probate matter, and affirm the judgment of the probate court.

{¶ 2} Additionally, we find that, unless and until the probate court rules against Earl and Robert in their pending will-contest action, they have suffered no damages that would entitle them to recovery in their claims before the common pleas court. Because we find that their common pleas claims are not yet ripe, we overrule Earl and Robert's first and second assignments of error in the common pleas action and affirm the judgment of the common pleas court. However, we remand this cause to the Ross County Court of Common Pleas, General Division, with instructions to correct its journal entry to reflect that the dismissal of Earl and Robert's complaint is without prejudice.

I

{¶ 3} Earl married Judith Ferne Roll ("Judith") on August 22, 1947. They had two children, Robert W. Roll and Stephanie A. Edwards ("Stephanie"). Robert has two children, Angela Roll-Congrove ("Angela") and Carrie Stauffer ("Carrie"). Stephanie is without issue.

{¶ 4} Judith died on July 9, 2002. On July 22, 2002, Judith's will, dated April 22, 2002, was admitted to probate in the Ross County Probate Court. In her April 2002 will, Judith bequeathed a number of valuable heirlooms to Stephanie, and the remainder of her estate in equal shares to Stephanie and Robert. In this will, Judith disinherits her surviving spouse, Earl, without a specific disinheritance clause.

{¶ 5} On July 29, 2002, Robert W. Roll filed a will contest in the probate court. He subsequently amended the complaint to include Earl as a plaintiff. In the amended complaint, Robert and Earl allege that Judith was incompetent and subject to undue influence at the time she executed the April 22, 2002 will. Additionally, they allege that Stephanie engaged in a course of conduct intended to interfere with their expectancy of inheritance, as they claim that Judith promised them all of the real property in which she had a legal interest and the majority of all her other assets. Accordingly, Robert and Earl requested that the probate court find the April 22, 2002 will invalid, vacate the order admitting it to probate, and grant them a judgment against Stephanie in an amount in excess of $250,000 for her tortuous interference with their expectancy of inheritance. On January 15, 2003, Stephanie filed a motion to dismiss Robert and Earl's claim for intentional interference with expectancy of inheritance pursuant to Civ.R. 12(B)(1), alleging that the probate court lacked jurisdiction to hear the claim.

{¶ 6} Uncertain as to whether the probate court had jurisdiction to hear their claim of intentional interference with expectancy of inheritance, Earl, Robert, Robert's daughter, Angela, and her husband, Shane, filed a separate complaint in the common pleas court on September 25, 2002. In that complaint, they allege that on April 8, 1987, Judith and Earl executed mutual wills, wherein Judith left her entire estate to Earl. In the event that Earl did not survive her, Judith's 1987 will left $10,000 each to Stephanie, Angela, and Carrie, while leaving the remainder of her estate to Robert.

{¶ 7} In their first cause of action, Earl, Robert, and Angela claim that Stephanie intentionally interfered with their expectation of inheritance. The second cause of action alleges that Robert is entitled to specific performance of Judith and Earl's representations that they would transfer certain real estate to him if he would live on and farm the land. The third cause of action alleges that Angela and Shane are entitled to specific performance of Judith and Earl's representations that they would transfer certain real estate to Angela and Shane if they moved into and fixed up a home located on the property.

{¶ 8} Stephanie filed a motion to dismiss the common pleas case, pursuant to Civ.R. 12(B)(6), alleging that the complaint failed to state a claim upon which relief could be granted. Specifically, Stephanie asserted that the statute of frauds precluded plaintiffs' claims for specific performance and that a claim for tortious interference with an inheritance may not be pursued if adequate relief is available to the plaintiffs through probate procedures such as a will contest.

{¶ 9} On December 10, 2002, the common pleas court granted Stephanie's motion to dismiss the complaint. In its journal entry, the common pleas court noted that the essence of the complaint was that Stephanie wrongfully obtained property from Judith, which should have been bequeathed to Earl, by having Judith change her will before her death. The common pleas court found that the relief available to Earl through the probate procedure of a will contest would make Earl whole, and, therefore, protect the expectancies of the other plaintiffs, which derive only from Earl's sole ownership of the real estate. As the will contest provided plaintiffs with adequate relief, the court dismissed their claims for failure to exhaust appropriate probate procedures.

{¶ 10} Earl and Robert timely appealed from the common pleas court's judgment dismissing their complaint, raising the following assignments of error: "1. Does a will contest in probate court preclude a simultaneous interference with expectation of inheritance suit in common pleas court? 2. Did the trial court commit prejudicial error when it dismissed the claim of promissory estoppel asserted by the parties which was not subject to the will contest?"

{¶ 11} On February 4, 2003, the probate court issued a judgment entry, wherein it found that it lacked both exclusive and concurrent jurisdiction to hear Earl and Robert's claim for intentional interference with expectancy of inheritance. Additionally, the probate court concluded that it did not have plenary authority under R.C. 2101.24(C) to hear the claim, as the court could fully adjudicate the will-contest action without addressing the tort action. Accordingly, the trial court granted Stephanie's motion to dismiss the tort claim. On March 18, 2003, Earl and Robert requested that the probate court certify that there was no just reason for delay so that they could initiate an immediate appeal to determine whether the probate court had jurisdiction over their tort claim. On March 31, 2003, the probate court issued a nunc pro tunc judgment entry, certifying that there was no just reason for delay of the appeal.

{¶ 12} Earl and Robert timely appealed from the judgment of the probate court, raising one assignment of error: "Did the probate court commit prejudicial error when it dismissed the action filed for intentional interference with expectation of inheritance?"

{¶ 13} Because the probate and common pleas cases are closely related, we have consolidated them for purposes of this decision and judgment entry.

II

{¶ 14} We begin our analysis with Earl and Robert's sole assignment of error in the probate matter, wherein they argue that the probate court erroneously dismissed their intentional-interference-with-expectation-of-inheritance claim on the ground that the court lacked subject matter jurisdiction.

{¶ 15} The legal standard for deciding a motion to dismiss pursuant to Civ.R. 12(B)(1) is "whether any cause of action cognizable by the forum has been raised in the complaint." State ex rel. Bush v. Spurlock (1989), 42 Ohio St.3d 77, 80, 537 N.E.2d 641. This determination involves a question of law that we will review de novo. Shockey v. Fouty (1995), 106 Ohio App.3d 420, 424, 666 N.E.2d 304.

{¶ 16} The probate court is a court of limited and special jurisdiction. It has only the powers granted to it by statute. Corron v. Corron (1988), 40 Ohio St.3d 75, 77, 531 N.E.2d 708; Schucker v. Metcalf (1986), 22 Ohio St.3d 33, 34, 488 N.E.2d 210.

{¶ 17} In enacting R.C. 2101.24, the General Assembly has specifically set forth those matters that are properly placed before the probate court. Those matters that may be properly and exclusively placed before the court are enumerated and limited in scope by R.C. 2101.24(A)(1)(a) to (cc). In addition to those matters over which the probate court has exclusive jurisdiction, R.C. 2101.24(B)(1) provides: "The probate court has concurrent jurisdiction with, and the same powers at law and in equity as, the general division of the court of common pleas * * * to hear and determine * * *: (a) If jurisdiction relative to a particular subject matter is stated to be concurrent in a section of the Revised Code or has been construed by judicial decision to be concurrent, any action that involves that subject matter."

{¶ 18} Earl and Robert do not argue that the probate court has either exclusive or concurrent jurisdiction to hear their intentional-interference-withexpectancy-of-inheritance claim because there is no statute or judicial decision granting the probate court such jurisdiction. While such jurisdiction would be logical and would foster judicial economy by...