Dawson's Estate, Matter of

• Decision Date: 20 May 1977
• Parties: In the Matter of the ESTATE OF Anne Jean Wilcox DAWSON, Deceased. W. S. PRITCHARD, Jr., Guardian Ad Litem of Interest of Anne Jean Wilcox Dawson v. Bernice EUBANKS, Administratrix Ad Colligendum. SC 1818.
• Court: Alabama Supreme Court

Page 386

346 So.2d 386

In the Matter of the ESTATE OF Anne Jean Wilcox DAWSON, Deceased.

W. S. PRITCHARD, Jr., Guardian Ad Litem of Interest of Anne Jean Wilcox Dawson v. Bernice EUBANKS, Administratrix Ad Colligendum.

SC 1818.

Supreme Court of Alabama.

May 20, 1977.

W. S. Pritchard, Jr., Birmingham, for appellant.

W. Frank Greenleaf, for Sirote, Permutt, Friend & Friedman, Birmingham, for appellee Bernice Eubanks, administratrix ad colligendum.

C. Fred Daniels, Birmingham, guardian ad litem for grandchildren of Anne Wilcox Dawson.

ALMON, Justice.

Bernice Eubanks, sister of Anne Jean Wilcox Dawson, filed a complaint in circuit court requesting the court to declare Anne Dawson dead; prior to the filing of the complaint in circuit court, the probate court appointed Eubanks as Administrator Ad Colligendum for the estate of Anne Dawson, pending proof of death. The circuit court found that Anne Dawson is dead and that her death occurred on or about September 24, 1974.

This appeal was taken by W. S. Pritchard, Jr., as guardian ad litem for the interest of Anne Dawson. Appellant contends (1) that the circuit court did not have jurisdiction of the case, (2) that Alabama law does not authorize declaring a missing person dead until at least seven years have passed (3) that a tape from a Federal Grand Jury proceeding was improperly considered by the judge, and (4) that the decision was contrary to the great weight of the evidence.

FACTS

Mrs. Dawson, age 49, was last seen by her sister, Cecelia Worley, on Sunday, September 22, 1974, at Dawson's cottage near Guntersville Lake. Mrs. Dawson's plans were to leave Guntersville late Monday, September 23, 1974, and to return to her home in Birmingham, and to be at her business, a beauty shop in Fairfield, on the following Tuesday.

Appellee Eubanks entered into evidence, without objection, a number of police reports. Part of the information contained therein is the following:

Tina Burgess, part owner of the C & S Lounge, stated to investigating officers that a woman identified as Anne Dawson came into the lounge at approximately 6:15 P.M. on Monday, September 23, 1974. A little later, Mrs. Burgess received a $50.00 bill and inquired if anyone in the place could change it. Mrs. Dawson did so and in the process removed a lot of money from her purse.

A man believed to be Paul John Knowles had come to the lounge shortly after 3:45 PM. When Mrs. Dawson changed the $50.00 bill, this man came up to her and began a conversation. Between then and approximately 9:15 PM when they left together, they appeared to have become quite friendly.

Peggy Pulley, an employee of C & S Lounge, stated that this man came in at 11:00 AM and left about 3:00 PM. She left work about 3:50 PM. About 7:30 PM that evening, Peggy returned and noted that the man and a woman identified as Mrs. Dawson were together.

Peggy Pulley and Mrs. Burgess described the man as age 30; approximately 6 feet tall; 170 pounds, red hair with no part which became below the ears; brown eyes with red streaks; gold, brown and white plaid shirt; gold pants; white belt; and white shoes with buckles.

A report later obtained by the police described Knowles as a white male, age 29, 6 feet 2 inches tall, 180 pounds. Knowles used the credit card of William Bates, whom Knowles is believed to have murdered in Homewood, Alabama, on September 23, 1974.

The following day, Tuesday, September 24, 1974, Mrs. Dawson's car was found at the Hide-a-Way Lounge in Tarrant City, several miles south of the C & S Lounge. Diane Campbell of the Hide-a-Way Lounge observed a man approximately 40 years old, brownish-grey hair, dressed in a suit and tie come in around 8:00 or 8:15 PM on the 23rd of September. A woman who was possibly Mrs. Dawson came in about 8:30 PM. They left together about 9:00 PM.

Another waitress, Nancy Manning, had served the party drinks. She looked at a picture of Mrs. Dawson, but could not make positive identification. She described the man as 5 feet, 9 inches tall, grey haired, in his 40's, and dressed in a suit and tie.

On October 9, 1974, all three Birmingham area television stations and both newspapers were given a synopsis of the case, along with photographs of Mrs. Dawson and a reproduction of the composite of the suspect, for dispersion through the news media.

Around the middle of January, 1975, Sgt. Jeffrey Webb of the Birmingham Homicide Detail received information that Mrs. Dawson had been taken to Louisiana and murdered. The basis for the information was a memorandum of a tape made by Paul John Knowles. Accompanying the memorandum was a court order from U.S. District Judge Wilbur D. Owens, Jr., prohibiting dissemination of the information. Notes made from the memorandum read as follows:

"In an unknown town somewhere in Ala., probably the latter part of Sept., 1974, Knowles picked up a woman in a low-class bar. She was in her 40's possibly 50's and apparently was fairly attractive. Her first name was Ann. She was a beautician and owned a beauty shop. The two left the first bar and went to a nicer bar not far away. Following several drinks, they went to the parking lot of the bar at which point Knowles abducted her at knife point. Her car was apparently left in the parking lot. Thereafter Knowles transported the woman in his '73 Chev. Impala white bottom, blue vinyl top, to an area just inside Louisiana, off of I-20 where he took her into the woods, raped her and strangled her. He obtained about $500 from her. The wooded area is not far from a town, name unknown."

Sgt. Webb and others during the middle of January, 1975, made an extensive search of a large area in Madison Parish, Louisiana. The search included use of horses, 4 wheel drive vehicles and a helicopter. A significant portion of the area was under water, which would not have been the case in September. The search failed to find the body.

In the middle of February, 1975, Sgt. Webb went to a site near Bovina, Mississippi, where two skeletons had been found near a small creek. Part of the bones had been washed away. Based on the dental chart of Mrs. Dawson, a pathologist at Vicksburg General Hospital established that neither body was that of Anne Dawson.

Paul John Knowles' lawyer was contacted by the news media of Vicksburg, Mississippi. He stated to them that in addition to Knowles' admitted killing of a beautician nearby, he also killed a teenage girl about the same time in the same area. The pathologist had established that one of the skulls found was definitely that of a teenager.

While the testimony of Sgt. Jeffrey Webb was being taken, the trial judge interjected the following:

"THE COURT: It might be proper at this time for the Court to state that it now has before it, and has had before it for the past several days, a transcript of the Federal grand jury proceedings conducted on January the 7th, 1975, in Macon, Georgia, relative to Paul John Knowles and which is a transcript of certain tapes which were found in his possession. The information relative to Anne Jean Wilcox Dawson is contained in the material in the transcript which consists of about 62 pages which was a recitation of the events in the life of this person, Knowles. The Court has carefully read and considered all of this matter in the transcript. The transcript has been submitted to this Court under seal and is to be returned under seal. And, this Court and this Court alone has looked at it and it alone will look at it as set forth in the forwarded letter from the Federal Judge in Macon, Georgia, from whose office it was received. The information in this transcript can be tied in with the information which has been given from several witnesses and particularly from Sergeant Webb who is testifying presently that makes the Court familiar with statements that he has made and makes his statements coherent and cognizant to the Court and makes it improper (sic) evidence. All right. Let's proceed."

Sgt. Webb's conclusion was that Mrs. Anne Dawson was murdered by Paul John Knowles.

Mrs. Dawson was not married at the time of her alleged death, though she had been married three times. She divorced her first husband, Miller, and her second husband, Dawson, and apparently annulled her third marriage with Wolfe. Her three minor grandchildren, her sole heirs, were the result of a child by her first husband, Miller. A guardian ad litem was appointed by the trial court to represent the grandchildren; they are before us as appellees.

Mrs. Dawson had undergone surgery and her kidneys were failing. She had a colostomy requiring daily care, and regularly took antibiotics. Her sister, Cecilia Worley, testified that Mrs. Dawson did not take her extra sterilized bag or her antibiotics with her. Worley's testimony indicated Mrs. Dawson "didn't have very much longer to live . . . ." However, Mrs. Dawson does not appear to have been despondent about life. On the contrary, Worley testified she "was beginning to get her head above water (financially)," and looked forward to when she could spend all of her time at the house on Guntersville Lake.

As far as Mrs. Dawson's business, her sisters and an employee testified she was very dependable. If she was going to miss a day for some reason, she would always let them know. Tuesdays were days when only Mrs. Dawson and one other beautician worked. Mrs. Dawson was always careful not to allow one beautician to be there alone, and she always handled her own customers. Moreover, she always communicated with her sister, Eubanks, as many as three times a week.

Should Mrs. Dawson be declared dead, her estate would pass to her three minor grandchildren, ages 16, 17 and 18 as of March, 1976. The appellee, Eubanks, and Dawson's other sister, Worley, would get nothing.

I

Appellant contends that the circuit court did not have jurisdiction of this case. He argues that jurisdiction properly lies with the probate court under Tit. 61, § 156 et seq., Code of Alabama, 19...