Tomasik v. Tomasik

Summary

The Ohio Supreme Court held that former R.C. 2107.76 unambiguously imposed a three-month limitations period for will contests only on persons who were required to receive notice of the will’s admission to probate under R.C. 2107.19. Because the appellees other than Cecilia Tomasik were not entitled to such notice, the statute did not bar their will contest, and the court affirmed the appellate court’s judgment.

Holdings

1. Former R.C. 2107.76 was unambiguous because it expressly established a limitations period only for persons who received or waived notice of the will's admission to probate under R.C. 2107.19.
2. Former R.C. 2107.76 did not apply to persons who were not required to receive notice under R.C. 2107.19. It therefore applied to none of the appellees except Cecilia Tomasik.

Questions Presented

1. Whether former R.C. 2107.76 imposed a three-month statute of limitations on will contests brought by persons who were not required to receive notice of the will's admission to probate under R.C. 2107.19.
2. Whether former R.C. 2107.76 was ambiguous because it did not state a limitations period for persons outside the R.C. 2107.19 notice class.

Disposition

affirmed