Bjork v. O’Meara

Plaintiff filed suit for tort of intentional interference with testamentary expectancy, after having filed citation for discovery in probate proceeeding. Probate court erred in denying Plaintiff's petition to depose personal banker of will beneficiary, and thus reduced the availability of probate relief to Plaintiff to mere speculation. Thus, tort action, in which Plaintiff did not contest the will, was permissible, as Plaintiff had no adequate remedy through probate proceeding. Tort claim was subject to five-year general statute3 of limitations for actions to recover possession of personal property or damages for its detention or conversion, and not the six-month limitation period for will contests. (KILBRIDE, THOMAS, GARMAN, KARMEIER, BURKE, and THEIS, concurring.)