Georgia D. Johnson, Administratrix of the Estate of Henry W. Spaulding, Deceased v. Roy Spaulding

D.C. Circuit

Georgia D. Johnson, Administratrix of the Estate of Henry W. Spaulding, Deceased v. Roy Spaulding

299 F.2d 113, 112 U.S. App. D.C. 29, 1962 U.S. App. LEXIS 6244

CourtCourt of Appeals for the D.C. Circuit

DecidedJanuary 11, 1962

Docket16350

StatusPublished

This text of 299 F.2d 113 (Georgia D. Johnson, Administratrix of the Estate of Henry W. Spaulding, Deceased v. Roy Spaulding) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Georgia D. Johnson, Administratrix of the Estate of Henry W. Spaulding, Deceased v. Roy Spaulding, 299 F.2d 113, 112 U.S. App. D.C. 29, 1962 U.S. App. LEXIS 6244 (D.C. Cir. 1962).

Pincite

Opinion

EDGERTON, Circuit Judge.

Appellant was the committee of the late Henry W. Spaulding, an incompetent, and is now administratrix of his estate. Apparently she is also one of his next of kin. During his lifetime appellant was authorized by the District Court to, and did, turn over some $4,000 of Henry’s property to appellee, Henry’s brother Roy. After Henry’s death, Roy’s counsel with Roy’s consent agreed with appellant that the $4,000 should be treated as an advancement and deducted from the amount Roy would otherwise receive from Henry’s estate. Appellant, in return, agreed to distribute the estate *114 immediately and pay half Roy’s counsel fee.

Roy afterwards sought to repudiate the agreement, but his suggestion that his consent to it resulted from a mistake is disproved by a letter he wrote on February 2, 1960. His counsel in Georgia, where he lived, assured his Washington counsel that there was “no error, that Mr. Spaulding understood what was happening.” Washington counsel so informed appellant’s counsel and the District Court. The probate court, with no supporting finding of fact, refused to approve appellant’s final account and directed her to file a restated account “eliminating the so called advancement and indicating an equal distribution between the brother and sister of the decedent of the assets of the estate.” We think the court erred. No reason appears why effect should not be given to the agreement of the parties. Hilton v. Rackey, 37 App.D.C. 83.

Reversed.

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EDGERTON, Circuit Judge.

Appellant was the committee of the late Henry W. Spaulding, an incompetent, and is now administratrix of his estate. Apparently she is also one of his next of kin. During his lifetime appellant was authorized by the District Court to, and did, turn over some $4,000 of Henry’s property to appellee, Henry’s brother Roy. After Henry’s death, Roy’s counsel with Roy’s consent agreed with appellant that the $4,000 should be treated as an advancement and deducted from the amount Roy would otherwise receive from Henry’s estate. Appellant, in return, agreed to distribute the estate *114 immediately and pay half Roy’s counsel fee.

Roy afterwards sought to repudiate the agreement, but his suggestion that his consent to it resulted from a mistake is disproved by a letter he wrote on February 2, 1960. His counsel in Georgia, where he lived, assured his Washington counsel that there was “no error, that Mr. Spaulding understood what was happening.” Washington counsel so informed appellant’s counsel and the District Court. The probate court, with no supporting finding of fact, refused to approve appellant’s final account and directed her to file a restated account “eliminating the so called advancement and indicating an equal distribution between the brother and sister of the decedent of the assets of the estate.” We think the court erred. No reason appears why effect should not be given to the agreement of the parties. Hilton v. Rackey, 37 App.D.C. 83.

Reversed.

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Bluebook (online)

299 F.2d 113, 112 U.S. App. D.C. 29, 1962 U.S. App. LEXIS 6244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/georgia-d-johnson-administratrix-of-the-estate-of-henry-w-spaulding-cadc-1962.