McCormick v. Langford

516 So. 2d 643, 1987 Ala. LEXIS 4649, 1987 WL 2148
CourtSupreme Court of Alabama
DecidedOctober 23, 1987
Docket86-1304
StatusPublished
Cited by2 cases

This text of 516 So. 2d 643 (McCormick v. Langford) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McCormick v. Langford, 516 So. 2d 643, 1987 Ala. LEXIS 4649, 1987 WL 2148 (Ala. 1987).

Opinion

HOUSTON, Justice.

The issues in this case are 1) whether the Probate Court of Covington County erred in denying the petition of the appellant, Curtis L. McCormick, seeking the removal of the appellee, Murray D. Langford, as the executor of the éstate of Walter B. Langford, and 2) whether the court erred in ordering a final settlement of the estate of Walter B. Langford. We affirm in part, reverse in part, and remand.

By the terms of his will, Walter B. Langford left the remainder of his estate, after payment of debts and funeral expenses, to his seven children, and appointed his son Murray Langford to be the executor of his estate. The will was admitted to probate, and letters testamentary were issued to Murray Langford on July 21, 1980. On October 17,1985, Anava L. McCormick, one of the testator’s daughters, died. At that time the estate of Walter B. Langford remained unsettled. Thereafter, Curtis McCormick, the husband of Anava McCormick and the appointed representative of her estate, filed an appearance in the Cov-ington County Probate Court and petitioned that court for the removal of Mur[644]*644ray Langford as executor.1 He assigned the following as grounds for removal:

“1. The said Executor has not filed any accounting as required by the laws of the State of Alabama.
“2. The said Executor has not performed his duties as Executor as the same are prescribed by the laws of the State of Alabama.
“3. The inattention of the said Executor to the duties imposed upon him has subjected the estate to unnecessary losses and delays.”

After a hearing, the court entered the following order:

“This matter being before the Court upon a Motion for Removal of the Executor of the above estate filed by Curtis McCormick, and the Court having considered said Motion along with the evidence and testimony, and there being no proof of fraud or misuse of the Estate Assets, the Court is of the opinion that to grant said motion would only cause further delay in the closing of the Administration of the Estate;
“It is, therefore, ORDERED, ADJUDGED AND DECREED that said Motion be, and the same is hereby DENIED.
“It is further ORDERED, that Murray D. Langford, Executor, file his statement of accounts and other matters preliminary to the final settlement of this estate by the 17th day of April, 1987, and a final hearing shall be held upon said settlement on the 5th day of May, 1987 at 9:00 A.M.
“Done and ordered this 3rd day of April, 1987.”

As directed by the court, the petition for final settlement was filed, and a copy delivered to Curtis McCormick, on April 17, 1987. The statement of account submitted with the petition is an eight-page document. It states, in pertinent part, as follows:

“The undersigned, MURRAY D. LANGFORD, Executor of the Estate of Walter B. Langford, respectfully submits to the Court the following statement of account of his acts and doings as said Executor from July 21, 1980 to April 17, 1987, and charges himself as follows, to-wit:
"TOTAL MONEY RECEIVED AND COLLECTED:
“Savings Account $17,050.23
“Checking Account 7,355.20
$24,405.43
“The savings account was deposited to checking and disbursements were made as shown on the attached itemized list. All interest received is added as received. Also, the beneficiaries of the estate, from time to time, contributed further sums to the maintenance of the estate property.
“One brother, Fred Langford, did not wish to remain a common owner of the land. Upon agreement by the other children and beneficiaries of the estate of Walter B. Langford, Fred Langford’s interest in the estate was purchased by the other children and Fred Langford executed a deed to the remaining beneficiaries.
“The remaining balance shown on hand, $10,855.09, represents the total cash left remaining in the estate.”

The itemized list attached to the statement shows several hundred transactions. These transactions are listed in chronological order, covering a period between June 2, 1980, and March 12, 1987, and show deposits into, and withdrawals from, the estate account. Each payee is identified by name, and in many instances the purpose [645]*645of a payment is specified (e.g., “Bal. of Med. Bills,” “taxes,” “Bldg. Mat.,” etc.). A running balance is also shown. However, no documents supporting these transactions (e.g., bank statements, cancelled checks, receipts, etc.) were filed.

Curtis McCormick filed an objection to the petition for final settlement, alleging, inter alia, that the petition was not in compliance with the “statute controlling final settlements of estates.” This objection was overruled and the following order was entered by the court:

“The 5th day of May, 1987 having been set to hear and pass upon the accounting filed by Murray D. Langford on the 17th of April, 1987 in his capacity as the Executor of the Estate of Walter B. Lang-ford, for final settlement of his administration thereof; and,
“Murray D. Langford being present and represented by his attorney, J. Mark Murphy, and Curtis McCormick, Executor of the Estate of Anava L. McCormick, being present and represented by his attorney, Wayne Mills, and all others interested in this estate having [filed] a waiver of notice and appearance in this cause, the Court proceeds to examine said account and to consider the proof relating thereto.
“WHEREUPON, Murray D. Langford gave brief testimony to support his accounting and moved the Court that the account may be passed and allowed. Curtis McCormick was given an opportunity to examine Murray D. Langford and, following said examination, gave notice of his objection to said final settlement; and,
“The Court finding that the account was complete and satisfactory and that there is no proof presented of fraud or misuse of the Estate assets and there being no specific allegations of any wrongdoing on the part of Murray D. Langford;
“It is therefore ORDERED, ADJUDGED and DECREED that the accounts [are] allowed as stated and are to be recorded.
“Further, it is ORDERED, ADJUDGED and DECREED that Murray D. Langford is released and discharged as said Executor.
“Done this the ll[th] day of May, 1987.”

This appeal followed.

Section 43-2-290, Code 1975, reads as follows:

“An administrator may be removed, and his letters revoked for his removal from the state; and an administrator or executor may be removed and his letters revoked for any of the following causes:
“(1) Imbecility of mind; intemperance; continued sickness, rendering him incapable of the discharge of his duties; or when from his conduct or character there is reason to believe that he is not a suitable person to have the charge and control of the estate.
“(2) Failure to make and return inventories or accounts of sale; failure to make settlements as required by law;

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516 So. 2d 643, 1987 Ala. LEXIS 4649, 1987 WL 2148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccormick-v-langford-ala-1987.