Hailey, Matter of, 982S332

• Decision Date: 05 February 1985
• Docket Number: No. 982S332,982S332
• Citation: 473 N.E.2d 616
• Parties: In the Matter of Anna Cotton HAILEY.
• Court: Indiana Supreme Court

Page 616

473 N.E.2d 616

In the Matter of Anna Cotton HAILEY.

No. 982S332.

Supreme Court of Indiana.

Feb. 5, 1985.

James H. Voyles, Jr., Indianapolis, for respondent.

William G. Hussman, Jr., Staff Atty., Indianapolis, for Indiana Supreme Court Disciplinary Com'n.

PER CURIAM.

The Respondent in this case, Anna Cotton Hailey, was charged by an Amended Verified Complaint for Disciplinary Action filed by the Disciplinary Commission of this Court. The Complaint was heard before a Hearing Officer who has now submitted his findings of fact and conclusions of law. The overwhelming portion of his findings is based upon and incorporates a stipulation of facts entered into by the parties.

This Court has reviewed all matters submitted herein and now finds that the Respondent is an attorney who was admitted to the Bar of the State of Indiana in September, 1960. A two-count complaint charges her with fifteen incidents of neglect of estate and guardianship matters and with engaging in conflict of interest.

Under Count I, we find, in accordance with the stipulation of the parties, that the Respondent was employed as the attorney and Executrix for the Estate of Beulah Alumbaugh in the Madison Superior Court. The estate was opened on December 30, 1963. The Respondent took no action until ordered by the court to appear and show cause why she should not be removed for failure to administer the estate on January 23, 1969. The Respondent filed an inventory and appraisement and a petition to sell real estate. After May 9, 1969, the Respondent failed to take any further action in administering the estate until June, 1981, despite an order of the court entered on July 16, 1970, to close the estate or be held in contempt and a letter from the judge written on January 23, 1980, requesting that the Respondent promptly close the estate. In June, 1981, an Amended Inheritance Tax Schedule and an Amended Assessor's Report were filed. The Respondent was removed as personal representative on March 28, 1983.

In 1969, Respondent became the attorney for the Guardianship of Florence Martz, in the Madison Superior Court. Other than filing an inventory, appraisement, and petition to sell real estate in October, 1975, the Respondent took no action in administering the guardianship. The ward died in 1976 and the Respondent became attorney for the Estate of Florence Martz, which was opened in September of 1976. Other than selling real estate of the decedent in October, 1977, and June, 1981, the Respondent has taken no action in administering the estate. She has failed to close both the guardianship and the estate.

The Respondent was the attorney for the Estate of William Persinger which was opened in the Madison Circuit Court in April of 1977. After the proof of publication was filed on April 21, 1977, the Respondent took no other action in this matter.

In 1976, the Respondent was employed as attorney for the Guardianship of Miriam Ertel in the Madison Circuit Court. As such, she took no action in administering the guardianship. The ward died in 1976 and the Respondent was also retained as attorney for the estate. The estate was opened on May 3, 1978, in the Madison Circuit Court and proof of publication was filed on May 19, 1978. Since that time, the Respondent has taken no further action in administering the estate and has failed to close both, the guardianship and the estate. The court closed the guardianship on February 15, 1984.

The Respondent was employed as attorney for the Estate of Charles Robinson in the Madison Circuit Court on September 18, 1970. She filed an inventory on July 17, 1972, pursuant to an order of the court, but for approximately ten years thereafter took no other action in the estate. She resigned as attorney for this estate on October 13, 1983.

In another guardianship/estate matter in the Madison Circuit Court, that of Fred Wilson, the Respondent was first employed in 1975 as attorney for the guardianship and, after the death of the ward in 1978, as attorney for the estate. In September of 1977, the Respondent filed an affidavit in lieu of inventory and a petition for order authorizing mortgage. She took no other action in the guardianship. The estate was opened on June 9, 1978, and proof of publication was filed on June 27, 1978. The Respondent took no other action in the estate; she has failed to close both the guardianship and the estate.

In 1968, the Respondent was employed as attorney for the Guardianship of Everett Addington in the Madison Circuit Court. She has taken no action in administering this guardianship.

In 1971, the Respondent also became attorney for the Guardianship of Mary Kinser in the Madison Superior Court. The Respondent has taken no action in this guardianship.

A guardian was appointed in October of 1976 in the Guardianship of Herbert Montcastle in the Madison Superior Court and the Respondent was employed as attorney for the guardianship. In September of 1980, the Respondent filed a final report and petition to terminate the guardianship. Objections to the final report were filed on ...