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In re Estate of Bringman

Court of Appeals of Ohio, Fifth District, Knox

May 14, 2018

IN THE MATTER OF: THE ESTATE OF BARBARA JEAN BRINGMAN, DECEASED

          Civil Appeal from the Court of Common Pleas, Probate Division, Case No. 03 CR 621D

          For Plaintiff-Appellant WILLIAM PAUL BRINGMAN BRINGMAN LEGAL CO., LPA

          For Defendant-Appellee NO APPEARANCE

          Hon. John W. Wise, P. J., Hon. Patricia A. Delaney, J., Hon. Craig R. Baldwin, J.

          OPINION

          Wise, P. J.

         {¶1} Appellant William Paul Bringman appeals the October 26, 2017, decision of the Knox County Court of Common Pleas, Probate Division, which granted Steven C. McGann's Application to be Appointed Administer of the Estate of Barbara J. Bringman and denied Appellant's "Protective Application" for Appointment as Executor.

         {¶2} Appellee Steven McGann has not filed a brief in this matter.

         {¶3} This case comes to us on the accelerated calendar. App.R. 11.1, which governs accelerated calendar cases, provides, in pertinent part:

         {¶4} "(E) Determination and judgment on appeal. The appeal will be determined as provided by App.R. 11.1. It shall be sufficient compliance with App.R. 12(A) for the statement of the reason for the court's decision as to each error to be in brief and conclusionary form. The decision may be by judgment entry in which case it will not be published in any form."

         {¶5} This appeal shall be considered in accordance with the aforementioned rule.

         STATEMENT OF THE FACTS AND CASE

         {¶6} The relevant facts leading to this appeal are as follows.

         {¶7} On September 13, 2016, Appellee Steven McGann, a Columbus attorney, filed an application in the Knox County Probate Court (hereinafter "trial court") requesting authority to administer the estate of Barbara J. Bringman, decedent. According to said application, Ms. Bringman, at the time of her death on or about March 23, 2016, had been "living temporarily at Lyn Village Apartments *** Reynoldsburg, OH 43068 but was a Knox County resident up to that point." The application also stated that to the best of Attorney McGann's knowledge, Ms. Bringman did not leave a will.

         {¶8} A hearing on Attorney McGann's application was thereupon scheduled for a hearing at the Knox County Probate Court on October 26, 2016 at 10:00 AM.

         {¶9} However, about one hour before the aforesaid hearing, Appellant William Paul Bringman, a Worthington attorney and the decedent's ex-husband, filed a written objection and motion to deny the appointment of Attorney McGann, essentially asserting that Knox County lacked jurisdiction over the estate. Attached to the motion was a copy of an entry from the Franklin County Probate Court, dated October 24, 2016, naming Attorney Bringman (executor) as the fiduciary for the estate of Barbara J. Bringman under Franklin County Probate Case No. 581473.[1] Accordingly, the trial court set the matter for a new hearing on December 1, 2016, at the Knox County Probate Court. The hearing went forward as scheduled.

         {¶10} On January 23, 2017, the trial court issued a judgment entry ordering that the administration of Ms. Bringman's estate would proceed in Knox County under case number 2016-1217. The court also therein requested that the Franklin County Probate Court forward certified copies of Ms. Bringman's will and the entry admitting the will. The court also stated in the entry that the will would be administered as a foreign document. Finally, the matter of ...


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