Myers v. Parker

349 So. 2d 1136, 1977 Ala. LEXIS 1846
CourtSupreme Court of Alabama
DecidedSeptember 9, 1977
DocketSC 2345
StatusPublished
Cited by3 cases

This text of 349 So. 2d 1136 (Myers v. Parker) 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
Myers v. Parker, 349 So. 2d 1136, 1977 Ala. LEXIS 1846 (Ala. 1977).

Opinion

EMBRY, Justice.

This is an appeal from a judgment entered in the Circuit Court of Madison County in the Estate of Channell C. Parker, Deceased. That judgment included the grant of the application of Lois C. Parker, the Administratrix, to sell lands of the decedent for the payment of lawful charges against the estate on the basis that its personal properties were insufficient to pay those charges.

The basic question for review is whether that judgment, based on evidence taken ore tenus, was fairly supported by credible evidence and not clearly erroneous or manifestly unjust. We answer yes, and affirm.

On 6 September 1973, Lois Parker filed a petition in the Circuit Court of Madison County, Alabama, alleging:

“1. On the 26th day of May, 1970 your Petitioner, Lois C. Parker, was duly appointed Administratrix of the Estate of Channell C. Parker, deceased.
[1138]*1138“2. Thereafter, Petitioner did proceed to collect up all of the assets of said estate. That pursuant to the orders of this Honorable Court she has disbursed all personal properties to the lawful heirs and next of kin.
“3. That said decedent, at the time of his death, was the owner of the following described real estate, to-wit:
“The southeast quarter of the southwest quarter of Section 17, Township 5, Range 21, Coffee County, Alabama, and 10 acres, more or less, being that part of the northeast quarter of the northwest quarter of Section 20, Township 5, Range 21, Coffee County, Alabama, which lies north of U.S. Highway 84; said lands containing altogether 50 acres more or less.
“4. That at the time of death of decedent, the above described real estate was encumbered by a first real estate mortgage owned by the Administrator of Veterans Affairs. During your Petitioner’s administration of said Estate she has paid the debt due the Veterans Administration, the interest accruing thereon, taxes, insurance and repairs totalling $4,254.80. Said entire debt has been paid by your Administratrix out of her own personal funds in order to prevent the loss of said property.
“5. Petitioner now desires that said estate be closed, all costs of administration paid and the Administratrix discharged from all other and further liability for and on account of said administration. There is, however, insufficient personal property with which to pay the expenses incurred by your Administratrix in administering this estate and in preserving said property for the benefit of the heirs of decedent.
“6. Heirs and next of kin of said decedent are as follows:
“Lois C. Parker, widow of decedent, over the age of 19 years, of sound mind and residing at 407 Drummond Road, Huntsville, Alabama, 35801.
“Channell Ted Parker, also known as Hoyt Ted Barnett, son of decedent, over the age of 19 years and of sound mind, whose address is 319 Avenue Northeast, Birmingham, Alabama, 35212.
“Shirley L. Myers, daughter of decedent, over the age of 19 years and of sound mind, whose address is 805 Briar-cliff Road, Gastonia, North Carolina, 28052.
“7. Petitioner would respectfully represent and show unto this Honorable Court that it will be necessary to sell the lands hereinabove described for the purpose of paying the costs and expenses of administration.
“WHEREFORE, the premises considered, Lois C. Parker, as Administratrix of the estate of Channell C. Parker, deceased, prays that this Honorable Court will set this petition down for hearing and upon a hearing being held on this petition that this Honorable Court will determine a fair, reasonable and just compensation to be paid to your Petitioner, for having served as Administratrix of said estate, and will determine the amount of reimbursement due and owing to your petitioner for expenditures which she had made on behalf of said estate; that this Honorable Court will order the herein described real estate sold for the purpose of securing sufficient funds to pay the debts of said estate and for division or proceeds in accordance with law; that this Honorable Court will grant such other, further and different relief and will enter such other, further and different orders and decrees as unto this Honorable Court may seem just and proper.”

The substance of the answer of Shirley L. Myers, one of Channell C. Parker’s heirs at law and the appellant here, admitted that Lois C. Parker had been appointed adminis-tratrix; denied that she had collected all the assets of the estate; denied she had disbursed all the personal property to the lawful heirs and next of kin; denied she was entitled to reimbursement for the payment from her own funds of a mortgage indebtedness on the lands of decedent; denied there was insufficient personal proper[1139]*1139ty to pay any expenses of the estate lawfully incurred by the administratrix; asserted that she could not be reimbursed for payment of any monies in behalf of the estate because she was barred by the statute of nonclaims; claimed the administratrix had converted assets of the estate to her own personal use, and had not made a proper accounting of the assets of the estate. The answer contained other allegations which are irrelevant to this appeal. On trial of this action Myers took the position that Lois Parker was not the administratrix of the estate because there was extant an order of the probate court revoking her letters of administration.

The trial court heard the evidence without a jury, after which the following findings and judgment were entered:

“This action coming on to be heard was submitted to the Court on the Petition of Lois C. Parker, as Administratrix of the Estate of Channell C. Parker, the answer of Shirley L. Myers and the testimony and evidence submitted in open Court. The Court having considered the same finds that:
“A. The Estate of Channell C. Parker is insolvent in that the personal properties are insufficient to pay the lawful charges against said Estate; and
“B. That Lois C. Parker should be reimbursed for the amount paid by her to the Veterans Administration for principal and interest, on the promissory note executed by decedent, and the funeral expenses of decedent paid by her; and
“C. That more than thirty days elapsed between the filing of said Petition and the hearing thereon; and that notice was duly given and published as required by law.
“D. That the following described real estate, owned by decedent at the time of his death, should be sold to pay the charges against said estate, to-wit:
“The southeast quarter of the southwest quarter of Section 17, Township 5, Range 21, Coffee County, Alabama, and 10 acres, more or less, being that part of the northeast quarter of the northwest quarter of Section 20, Township 5, Range 21, Coffee County, Alabama, which lies north of U. S. Highway 84; said lands containing altogether 50 acres more or less.
“It is therefore, ORDERED, ADJUDGED and DECREED by the Court as follows:
“1. The application of Lois C. Parker, as Administratrix of the Estate of Chan-nell C.

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Bluebook (online)
349 So. 2d 1136, 1977 Ala. LEXIS 1846, Counsel Stack Legal Research, https://law.counselstack.com/opinion/myers-v-parker-ala-1977.