Estate of Bruce H. Kingsbury, 2008 ME 79

Summary

The Maine Supreme Judicial Court affirmed a Sagadahoc County Probate Court order requiring the personal representative, Robin L. Whorff, to submit to genetic testing or permitting exhumation of Bruce H. Kingsbury’s remains for genetic testing. The court held that the interlocutory appeal was reviewable under the death knell exception because the right to prevent exhumation would otherwise be irreparably lost. It further held that the Probate Court had statutory equitable authority to order exhumation in connection with determining Kingsbury’s heirs.

Holdings

1. The appeal was reviewable because delaying review until final judgment would irreparably eliminate the Estate's ability to challenge exhumation and genetic testing of Kingsbury's remains.
2. The Probate Court had authority to order exhumation of Kingsbury's remains for genetic testing in connection with MacMahan's petition to determine his heirs.
3. The court rejected the Estate's contention that MacMahan's petition constituted a time-barred paternity action under 19-A M.R.S. § 1554.

Questions Presented

1. Whether the interlocutory appeal could be reviewed under the death knell exception to Maine's final judgment rule.
2. Whether the Probate Court had statutory and equitable authority to order exhumation of a decedent's remains for genetic testing in connection with a petition to determine heirs.
3. Whether MacMahan's petition was a time-barred paternity action under 19-A M.R.S. § 1554.

Disposition

affirmed