Rogers v. RogersAnnotate this Case
Plaintiff Samuel Rogers appealed a superior court order dismissing his complaint against his son, Joseph Rogers, upon finding that the probate court and not the superior court, retained exclusive subject matter jurisdiction over his cause of action. Plaintiff’s wife died in March 2012 and the parties’ dispute arose after the disposition of her estate. The decedent’s will named defendant as the executor of the estate, which was comprised of, in pertinent part, two properties in Hollis, New Hampshire: plaintiff’s marital home and the decedent’s 50% ownership interest in 94.3 acres of undeveloped land on Rocky Point Road. In her will, the decedent devised one-third of the estate to plaintiff and the remaining two-thirds to defendant. The probate court appointed defendant as the executor of the estate in May 2012. At some point in 2015, plaintiff learned that the Town of Hollis had either offered to purchase or agreed to purchase Rocky Point for $2,500,000, but, for reasons not established by the record, the sale was never consummated. Thereafter, plaintiff discovered his son had commissioned an appraisal of Rocky Point in 2005 which estimated that the value of the property at that time was $1,950,000. These valuations suggested that following the parties’ exchange of property interests, defendant’s interest in Rocky Point would have been worth approximately $975,000. Based on these discoveries, plaintiffs sued his son in 2016 in superior court, alleging breach of fiduciary duty, fraud, negligence, and unjust enrichment. Defendant moved to dismiss, arguing his father's claims were barred by the statute of limitations, which was within six months of the probate court's issuance of the certificate of appointment in May 2012. Ruling that defendant mischaracterized plaintiff's claims, the superior court denied defendant's motion. Upon reconsideration, the trial court granted defendant's motion and dismissed plaintiff's superior court claims, finding they related the the estate and will, and any misrepresentation of Rocky Point took place during the administration of the estate. The New Hampshire Supreme Court concluded the claims at issue here did not fall within the probate court's exclusive jurisdiction, reversed and remanded for further proceedings.