Holmes v. Fentress
Ohio Court of Appeals
1980 WL 353651 (1980)
- Written by Sean Carroll, JD
Facts
Harold Carlin and Marie Geissinger (defendant) were married. In 1935, Geissinger filed for divorce, but the divorce petition was dismissed without the parties’ knowledge. Both Carlin and Geissinger believed that they were divorced, and both married other people. In November 1974, Carlin executed a will naming his “dear friend” Geissinger as his sole beneficiary. In February 1975, Carlin was declared mentally incompetent. Carlin died in 1978. Carlin’s second wife died before his death. Carlin’s sister, Marie Holmes, and his brothers, Bernarr and Ralph Neff (the siblings) (plaintiffs) contested the will. The siblings claimed that Carlin had lacked the mental capacity to create the will and that Geissinger had exerted undue influence over Carlin. The siblings also claimed that they were Carlin’s rightful heirs because Carlin had been divorced for over 50 years. The probate court of Franklin County, Ohio, granted Geissinger’s motion for summary judgment. The siblings appealed.
Rule of Law
Issue
Holding and Reasoning (Moyer, J.)
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