Estate of Amason

Decision Date24 June 1977
Citation347 So.2d 393
PartiesIn the Matter of the ESTATE OF Thomas R. AMASON, Deceased. Nettie T. AMASON and Marion Clyde Amason v. Elaine A. WALKER et al. SC 2124.
CourtAlabama Supreme Court

J. H. Crow, III, Birmingham, for appellants.

William B. Hairston, Jr., Birmingham, for appellees.

SHORES, Justice.

Letters Testamentary were issued in 1973 to Marion Clyde Amason and Elaine A. Walker in the estate of Thomas R. Amason, deceased. On November 3, 1974, Marion C. Amason removed the administration of the estate of the decedent to the Jefferson Circuit Court, In Equity, Case No. 188-293. On January 6, 1975, Elaine A. Walker, one of the co-executors under the will, petitioned the court for a final settlement of the estate. On January 15, 1975, the other co-executor, Marion Clyde Amason, also petitioned the court for a final settlement of the estate. On February 20, 1975, a hearing was had before a Special Master on a supplemental petition for final settlement filed by Elaine A. Walker and on the petition for final settlement filed by Marion Clyde Amason. The Special Master filed his report to the court on February 21, 1975. Elaine A. Walker filed an exception to the report of the Special Master on February 28, 1975. On March 5, 1975, a petition for declaratory judgment was filed by Elaine A. Walker as a trustee under the last will and testament of Thomas R. Amason, asking the court to declare a trust on monies held by Elaine A. Walker, to authorize satisfaction of a real estate mortgage, direct payment of funds held in escrow, determine the competency of Elaine A. Walker to act as trustee of the trust, and to determine the competency of Nettie T. Amason to manage her own affairs. Nettie T. Amason filed an answer and counterclaim to this petition for declaratory relief on February 16, 1976.

The record before us does not disclose what action, if any, the court has taken on these several petitions.

During June, 1976, Nettie T. Amason and Marion Clyde Amason filed a petition in the estate proceedings asking the court for a declaration of right concerning their interest in the estate of Thomas R. Amason, and asking the court to adjudge and decree that Elaine A. Walker, Francis M. Amason and William R. Amason be ordered to execute a settlement agreement. Elaine A. Walker filed a motion to strike this petition filed by Nettie T. and Marion Clyde Amason. On September 24, 1976, the trial court entered a decree, which is as follows:





) CASE NO. 188-293


"This cause came on to be heard on this instant date upon 'Motion To Strike' as filed on June 8, 1976. At the hearing Petitioners, Nettie T. Amason and Marion Clyde Amason, were allowed to file an 'Amendment' and counsel for Elaine A. Walker orally readdressed the 'Motion to Strike' to the 'Amendment'.

"The Court heard statements and arguments of counsel and the findings of the Court are set forth hereinafter.

"Accordingly, it is CONSIDERED, ORDERED, ADJUDGED and DECREED by the Court as follows:

"ONE: The 'Motion To Strike' is hereby granted and the 'Petition For Declaratory Relief' as filed on June 4, 1976 and the 'Amendment' as filed on this instant date are each hereby stricken.

"DONE and ORDERED this 24th day of September, 1976."

This appeal is from that decree, taken by the two persons who filed it in the estate proceedings, Nettie T. and Clyde Amason. Other parties to the estate proceedings, including Elaine A. Walker and others, have filed a motion to dismiss the appeal, asserting that the decree set forth above is not an appealable judgment, that the trial court has...

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2 cases
  • Ex Parte Cowabunga Inc.
    • United States
    • Alabama Court of Civil Appeals
    • January 21, 2011
    ...the parties as pleaded. See, e.g., First Alabama Bank of Montgomery, N.A. v. Martin, 381 So.2d 32 (Ala.1980); and In re Estate of Amason, 347 So.2d 393 (Ala.1977). Importing the requirements of § 12–22–2 into Alabama's workers' compensation laws, see Ex parte DCH Reg'l Med. Ctr., 571 So.2d ......
  • First Alabama Bank of Montgomery, N. A. v. Martin
    • United States
    • Alabama Supreme Court
    • March 7, 1980
    ...puts an end to all matters litigated or which ought to have been litigated with respect to a particular controversy. In re Estate of Amason, 347 So.2d 393 (Ala.1977). An order certifying a class is inherently not a final judgment, even regarding the class certified, because ARCP 23(c) expre......

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