Richards v. Wasylyshyn

977 N.E.2d 1053 (2012)

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Richards v. Wasylyshyn

Ohio Court of Appeals
977 N.E.2d 1053 (2012)

Facts

The will of Kenneth Lay Sr. (Mr. Lay) stated that any property that he owned at his death would go to the Kenneth James Lay Trust. Bradley and Kenneth Lay Jr. (the Lays) (defendants), Mr. Lay’s sons, were the trust’s beneficiaries. Rosalie Richards (plaintiff) was Mr. Lay’s girlfriend sporadically during the last 10 years of his life. Richards sued the Lays and the executors of Mr. Lay’s estate (defendants), seeking possession of two paintings worth approximately $1 million. Richards claimed that Mr. Lay gave her the paintings as a birthday present. Richards and her mother both testified that they heard Mr. Lay say that the paintings were a birthday present. Richards also presented an affidavit of Mr. Lay’s friend, Dr. Gerald Sutherland. The affidavit stated that Mr. Lay told Sutherland that he would take care of Richards. The trial court admitted Mr. Lay’s statements under Ohio Rule of Evidence 804(b)(3) as statements against interest. The trial court granted Richards’s motion for summary judgment. The Lays appealed.

Rule of Law

Issue

Holding and Reasoning (Pietrykowski, J.)

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