IN RE: THE ESTATE OF: WILLIAM R. EISAMAN, JR. [LINDA L. BADGETT - APPELLANT]
Appeal
from Hancock County Common Pleas Court Probate Division Trial
Court No. 20171004
Howard
A. Elliott and Jeff Whitman for Appellant
Christie L. Ranzau for Appellee
OPINION
PRESTON, J.
{¶1}
Petitioner-appellant, Linda L. Badgett ("Linda"),
appeals the October 11, 2017 judgment entry of the Hancock
County Common Pleas Court, Probate Division, denying her
petition to disinter the remains of her brother, William R.
Eisaman, Jr. ("William"). For the reasons that
follow, we affirm.
{¶2}
William died on December 15, 2016 and is survived by his
wife, respondent-appellee, Charlene Eisaman
("Charlene"). (Doc. No. 3). On December 19, 2016,
William was buried at Arcadia Cemetery in Arcadia, Ohio.
(Id.).
{¶3}
On July 11, 2017, Linda sent a letter to Charlene's
attorney informing Charlene that "the cemetery plot in
Arcadia, Ohio, beside [William], is not available for
[Charlene's] burial." (Doc. No. 54);
(Respondent's Ex. A). The letter indicated that the deed
to the family burial plot at Arcadia Cemetery was "being
changed to read, 'The Badgett Family Trust' which
excludes Charlene from being buried there."
(Id.).
{¶4}
Charlene consulted with Coldren-Crates Funeral Home and her
attorney to determine whether she could reinter William's
remains in a different cemetery so that she could be buried
beside him. (See Doc. No. 54). On August 9, 2017,
William's remains were disinterred and reburied at a
cemetery in Van Buren, Ohio. (Id.).
{¶5} On August 30, 2017, Linda filed a
petition with the trial court requesting that William's
remains be disinterred from Van Buren and reinterred at
Arcadia Cemetery. (Doc. No. 45). Charlene filed a memorandum
in opposition to Linda's petition on September 25, 2017.
(Doc No. 53).
{¶6}
Following a bench trial on October 3, 2017, the trial court
issued its judgment on October 11, 2017 denying Linda's
petition. (Doc. No. 54).
{¶7}
On November 1, 2017, Linda filed a notice of appeal. (Doc.
No. 58). She raises one assignment of error.
Assignment
of Error
The
Hancock County Probate Court abused its discretion in failing
to order the reinternment [sic] of the decedent where said
decedent had previously been disinterred, contrary to the
wishes of the decedent and the previously granted consent
given by the widow to his original interment.
{¶8}
In her sole assignment of error, Linda argues that the trial
court erred by denying her petition to disinter William's
remains. In particular, Linda contends that because William
specifically desired to be buried at Arcadia Cemetery and
because Charlene originally consented to interring William at
Arcadia Cemetery, the trial court abused its discretion by
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